Recommendation 18

We asked the Department when we will see progress on the ground with regards to wayleaves. It told us that although the Electronics Communications Code, which is where the wayleaves issue is addressed, was reformed in 2017, it can go further in ensuring that negotiations between operators and site providers are smoother than they currently are. It explained that as part of bringing forward the Product Security and Telecommunications Infrastructure Bill in the current Parliamentary Session, it would propose further reforms to the Code.57 We asked the Department what this would mean in practice, and it told us it was looking at the obligations that companies have when they are engaging with site providers and how to make sure companies have met their obligations. It told us it was also looking at ways to upgrade historical rights and renew rights that have expired.58 The Department was unable, however, to provide any specific timescales for when this legislation will be in place, stating that it would bring forward the Bill as soon as parliamentary time allowed.59 Following our evidence session, the Department wrote to us to confirm that while it was unable to provide a firm set of dates, it expected the legislation needed to address the barrier we identified to proceed in the next few months. It also told us that amendments to Building Regulations mandating connectivity for all new build developments and the implementation of regulations for the Telecommunications Infrastructure (Leasehold Property) Act are due by the second quarter of 2022. It committed to continuing to work with Department for Transport colleagues on reforms to the street works regime and keep the Committee updated.60