BOROUGH OF POOLE
TRANSPORTATION ADVISORY GROUP – THURSDAY 9 MARCH 2006
REPORT OF HEAD OF TRANSPORTATION SERVICES
MOBILE PHONE SWAPOUT AGREEMENT
1.Purpose of Report
1.1To consider entering into a contract with a mobile phone operator for the installation of transmitter equipment on new lighting columns provided by them (referred to as a ‘Swapout’ Agreement).
2.Recommendations
2.1It is recommended that approval be given to:
(a)Enter into a legal agreement with O2 (UK) Limited for the provision of their
equipment at the locations listed in item 3.4.
(b)The Head of Transportation Services be delegated to enter into similar
agreements with other recognised mobile telephone service providers ( T-mobile, Vodafone, etc ) in the future.
3.Background
3.1Mobile phone operators licensed under the Telecommunications Act 1984 have the right to install their apparatus within the highway in the same way as any other utility company. As with utilities their activities are covered under the New Roads and Street Works Act 1991.
3.2As Highway Authority the Council have no power to reject the principle of the installation of “apparatus” except where the highway, or the safety of its users, is adversely affected, e.g. sight lines obstructed. However there can be planning issues such as the affect on the streetscene and masts greater than 15m require full Planning Permission.
3.3Telecom operators’ primary transmitting equipment is normally located on their own dedicated masts. However, there is the opportunity to enter into a ‘Swapout’ agreement whereby an existing lamp column is replaced with a new column which also incorporates an antennae or other small scale equipment necessary to improve mobile telephone signal strength and coverage in areas of poor reception. These still need Planning Approval but are considered as Permitted Development.
3.4There exists the opportunity for a joint agreement between the mobile phone operators and the Council to utilise existing lamp columns for this purpose. The main benefits of this arrangement are:
(a)Minimising street furniture clutter in avoiding the need for a dedicated post or column solely for the mobile phone equipment.
(b)The mobile phone company replaces the existing lighting column with a new one, and undertakes ongoing maintenance of this. The Council still maintain the lighting element and pay for the energy consumed by the lights.
(c)The mobile phone company pays all legal costs and other associated costs, indemnifying the Council against any liabilities in this respect.
3.5The Company 02 (UK) Limited have requested permission to utilise lighting
columns at the following locations:
(a)Dorset Way, in the verge above Adastral Road flyover.
(b)Herbert Avenue, in the verge by the Community Centre near to the junction with Rossmore Road.
(c)Canford Cliffs Road, in the verge by the junction with Boulnois Avenue.
The mounting height is dictated by the mobile telephone company as necessary to improve the signal strength. It is possible that the transmitter / receiver may project 2 – 3m above the lantern in each case.
Planning Approval has been granted for all of these locations.
4.Further Agreements
4.1There will be the opportunity for further swapout agreements with mobile phone operators in a similar form to that described in this report. It is proposed that providing it relates to equipment for which they have a right to install and have acquired planning permission where necessary, then authority be delegated to the Head of Transportation Services to enter into the appropriate legal agreement.
JAMES T BRIGHT
Head of Transportation Services
Name and Telephone Number of Officer Contact:
Steve Tite (01202) 262020
TAG090306T3E
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