Statement by the Director General of Telecommunications on collocation and facility sharing

November 1998

Under regulation 10 of the Telecommunications (Interconnection) Regulations 1997, the Secretary of State and the Director General are required, where a public telecommunication operator has been granted a right under the Telecommunications Act 1984 to install facilities on, over or under public or private land, to encourage the sharing of facilities or property with other organisations providing telecommunication systems. Although the Director General has noted the efforts made to date by telecommunication operators to share sites and facilities, the fact that the Director General is under a duty to encourage the sharing of sites and facilities means that he will monitor this aspect of the behaviour of telecommunication operators very closely.

The Director General recognises that facility and site sharing may not be possible for technical reasons or as a result of third party property rights. The Director General has no power to intervene in a dispute between a third party, such as a landowner, and a telecommunication operator. However, where site sharing does not appear to be possible because of a refusal by a landowner to allow a site to be shared, the Director General would have to consider any evidence that the operator already using the mast site had procured that refusal. Where one operator is unable to negotiate access to another operator's mast site and refers the dispute to the Director General, the Director General would have to look at the underlying reasons for the failure to reach an agreement on a case by case basis and, if he considers it necessary in any particular case, would seek expert advice. Although the Director General would have to consider disputes relating to facility and site sharing on a case by case basis, if he concluded that site sharing was technically feasible or was being refused for reasons other than third party property rights, he would be obliged by regulation 10 to take positive steps to encourage that facility or site sharing.

Regulation 10 also provides that the Director General may intervene to resolve a dispute relating to collocation or facility sharing at the request of either party. Collocation or site sharing disputes would have to be considered on a case by case basis and the Director General would have to take into account the matters listed in regulation 6(8). These matters include the desirability of stimulating innovative market offerings and the promotion of competition. The Director General would also take into account the relative market positions of the parties, the interests of users and the public interest. The public interest may include public concerns about the environmental impact of a proliferation of mast sites. If the Director General were to conclude that the dispute in question would result in a new entrant being denied access to a site or other facilities, the Director General may, if appropriate, take steps to resolve that dispute in such a way as to promote competition and the public interest.

Statement by the Director General of Telecommunications on collocation and facility sharing

November 1998

Under regulation 10 of the Telecommunications (Interconnection) Regulations 1997, the Secretary of State and the Director General are required, where a public telecommunication operator has been granted a right under the Telecommunications Act 1984 to install facilities on, over or under public or private land, to encourage the sharing of facilities or property with other organisations providing telecommunication systems. Although the Director General has noted the efforts made to date by telecommunication operators to share sites and facilities, the fact that the Director General is under a duty to encourage the sharing of sites and facilities means that he will monitor this aspect of the behaviour of telecommunication operators very closely.

The Director General recognises that facility and site sharing may not be possible for technical reasons or as a result of third party property rights. The Director General has no power to intervene in a dispute between a third party, such as a landowner, and a telecommunication operator. However, where site sharing does not appear to be possible because of a refusal by a landowner to allow a site to be shared, the Director General would have to consider any evidence that the operator already using the mast site had procured that refusal. Where one operator is unable to negotiate access to another operator's mast site and refers the dispute to the Director General, the Director General would have to look at the underlying reasons for the failure to reach an agreement on a case by case basis and, if he considers it necessary in any particular case, would seek expert advice. Although the Director General would have to consider disputes relating to facility and site sharing on a case by case basis, if he concluded that site sharing was technically feasible or was being refused for reasons other than third party property rights, he would be obliged by regulation 10 to take positive steps to encourage that facility or site sharing.

Regulation 10 also provides that the Director General may intervene to resolve a dispute relating to collocation or facility sharing at the request of either party. Collocation or site sharing disputes would have to be considered on a case by case basis and the Director General would have to take into account the matters listed in regulation 6(8). These matters include the desirability of stimulating innovative market offerings and the promotion of competition. The Director General would also take into account the relative market positions of the parties, the interests of users and the public interest. The public interest may include public concerns about the environmental impact of a proliferation of mast sites. If the Director General were to conclude that the dispute in question would result in a new entrant being denied access to a site or other facilities, the Director General may, if appropriate, take steps to resolve that dispute in such a way as to promote competition and the public interest.

Statement by the Director General of Telecommunications on collocation and facility sharing

November 1998

Under regulation 10 of the Telecommunications (Interconnection) Regulations 1997, the Secretary of State and the Director General are required, where a public telecommunication operator has been granted a right under the Telecommunications Act 1984 to install facilities on, over or under public or private land, to encourage the sharing of facilities or property with other organisations providing telecommunication systems. Although the Director General has noted the efforts made to date by telecommunication operators to share sites and facilities, the fact that the Director General is under a duty to encourage the sharing of sites and facilities means that he will monitor this aspect of the behaviour of telecommunication operators very closely.

The Director General recognises that facility and site sharing may not be possible for technical reasons or as a result of third party property rights. The Director General has no power to intervene in a dispute between a third party, such as a landowner, and a telecommunication operator. However, where site sharing does not appear to be possible because of a refusal by a landowner to allow a site to be shared, the Director General would have to consider any evidence that the operator already using the mast site had procured that refusal. Where one operator is unable to negotiate access to another operator's mast site and refers the dispute to the Director General, the Director General would have to look at the underlying reasons for the failure to reach an agreement on a case by case basis and, if he considers it necessary in any particular case, would seek expert advice. Although the Director General would have to consider disputes relating to facility and site sharing on a case by case basis, if he concluded that site sharing was technically feasible or was being refused for reasons other than third party property rights, he would be obliged by regulation 10 to take positive steps to encourage that facility or site sharing.

Regulation 10 also provides that the Director General may intervene to resolve a dispute relating to collocation or facility sharing at the request of either party. Collocation or site sharing disputes would have to be considered on a case by case basis and the Director General would have to take into account the matters listed in regulation 6(8). These matters include the desirability of stimulating innovative market offerings and the promotion of competition. The Director General would also take into account the relative market positions of the parties, the interests of users and the public interest. The public interest may include public concerns about the environmental impact of a proliferation of mast sites. If the Director General were to conclude that the dispute in question would result in a new entrant being denied access to a site or other facilities, the Director General may, if appropriate, take steps to resolve that dispute in such a way as to promote competition and the public interest.