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[aesmith]

I've just learned that the owner of the land that our phone line runs through, has refused a wayleave for OR to run fibre.  Apparently (and frustratingly) this is needed because OR want to lay duct, whereas the existing copper is directly buried. It seems they wouldn't need a new wayleave to simply run buried fibre, or to pull it through an existing duct.

This impacts three households, but not the farmer himself, this route does not serve his house or farmyard.

Anyone else experienced this, or been involved in this process?

[tubaman]

Very frustrating indeed, and other than speaking with the landowner and pleading to his sensibilities I'm not sure there is much that you can do. 

[aesmith]

Unfortunately this particular landowner's not the sort of guy to do a good turn to anyone, so not even any point in trying. I've asked the local R100 contact to see how these issues are handled. My colleague from work is in the same situation, his farmer has allowed the route as far as his own house, but not beyond to the other houses.

It's strange that they can just refuse. It used to be that communication operators had inherent rights. Although I'm thinking back a long way, we had a situation where a landowner would give permission for our customer to lay private fibre, we go around that by renting dark fibre from Scottish Telecom who at that time couldn't be refused a wayleave.

I was also wondering about a bit of indirect pressure via social media. There's been chit chat on local Facebook groups about the fibre deployment.

[dee.jay]

If the landowner is refusing I really can’t see what you can do. Unless there’s another route?

[Alex Atkin UK]

Then farmers wonder why people have no sympathy for them.

Its really really dumb if true that you can only replace DIG with DIG, given the ducting may not take up any more space than the DIG did and reduces the chances of needing to be as disruptive during future works.

[aesmith]

I've passed my concern to the "Digital Engagement" lead at the local authority, he has lines of communication into the R100 people as well as to OR. Our neighbour is contacting our MP (or possibly MSP, I didn't clarify).

Just seeing the debate about poles, I wonder if OR intended to do our route overhead. That might give more grounds for objection, other than general selfish unhelpfulness. It's true OR left a 900m drum of aerial cable next to the pole at the roadside, but someone earlier had been sure it would be underground.

[Alex Atkin UK]

That does make more sense.  Though as long as they are located sensibly, why would a farmer care about poles?  I would think its safer than underground as the farmer wont be accidentally digging into the cable/duct due to forgetting its there.

[aesmith]

This guy has successively removed all fences between his arable fields, and between the field and the track. Poles would stop him driving on and off the field wherever he likes, as he does at the moment.

He's not very good with poles either. He knocked down our electricity pole with his combine the year before last, and hit another with the boom of his sprayer this year.

[Alex Atkin UK]

He's not very good with poles either. He knocked down our electricity pole with his combine the year before last, and hit another with the boom of his sprayer this year.

Oh dear.

[Chrysalis]

Openreach failed to play their hand, they should have refused to connect his property without the wayleave.

I can only see 3 solutions.

1 - you move.
2 - you convince the farmer to agree to wayleave.
3 - you convince openreach to deploy the fibre same way they did copper.

[Alex Atkin UK]

Openreach failed to play their hand, they should have refused to connect his property without the wayleave.

Or at least made him pay the cost, waived if he allows them to do the work to other properties.

[Chunkers]

Whilst I understand your frustration, as someone who has poles in my garden and a wayleave inherited from previous owner which I would love to get rid of I can perhaps see both sides.

Admittedly my situation might be a bit different, I have a modest sized house and garden with a pole in it supplying other houses i.e. I am not a huge landowner.  It is a a real pain in the ass and the wayleave payments are tiny and not at all worth the aggravation and inconvenience.  The damage and inconvenience the maintenance team and their vehicles did last time they accessed my land far outweighed the tiny rental, plus its an eyesore etc

If I was ever asked to give permission for one in the future I would definitely not be keen and would happily pay to have mine removed.....

My guess is that they will not bury the line and backfill / restore the land because of the expense?

i.e. is it really the farmer or actually OR not wanting to the do the job in the most sympathetic way but just the cheapest?

[aesmith]

i.e. is it really the farmer or actually OR not wanting to the do the job in the most sympathetic way but just the cheapest?

I'm not sure. This is part of the R100 scheme, not a commercial OR deployment, and we have always been assured out property is in scope.  The Aberdeenshire Council lead is supposed to be looking into the issue, but of course that won't be until after holidays. When I spoke to him before he seemed to be quite sure it would be underground, but that was before I heard about the wayleave being refused.