Written Answers. - Road Openings.
Thomas P. Broughan
Question:
101
Mr. Broughan
asked the
Minister for the Environment and Local Government
if he will ensure that the ongoing chaos in the infrastructure of the four Dublin counties being caused by a plethora of telecom companies digging up roads and public open spaces, often allegedly illegally, and creating multiple microwave mast networks is brought to an end; and if he will insist that Eircell, ESAT/BT, Meteor, NTL, Worldcom and so on use a common grid and pipe ducting.
[14815/00]
Section 101D of the Road Traffic Act, 1961, as inserted by the Dublin Transport Authority (Dissolution) Act, 1987, empowers prescribed road authorities to issue directions to statutory undertakers, including telecommunications operators and others for the purposes of co-ordinating road openings and minimising traffic disruption. Under the Road Traffic (Co-ordination of Roadworks) Regulations, 1992, the Dublin local authorities are among those authorised to exercise these powers. I understand that Dublin Corporation is making extensive use of these powers through its directions for the control and management of roadworks in Dublin city.
Development operations carried out by telecommunications companies on public spaces are subject to the requirements of the Telegraph Acts, 1863 to 1916. This provides that permission must be obtained from the person under whose control and management the land resides, normally the local authority. The erection of telecommunications masts is also covered by the same legislation, which clearly did not envisage the scale of development and range of technologies being utilised in today's liberalised market. In 1996, my Department issued guidelines for planning authorities on telecommunications antennae and support structures, the purpose of which was to assist planning authorities, An Bord Pleanála, operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications masts and base stations within the planning system. I also understand that the Office of the Director of Telecommunications encourages the sharing of masts between communications operators, although agreement on sharing is a matter for commercial negotiation between companies.
The Telecommunications (Infrastructure) Bill, 1999, which is currently before the Seanad, proposes to modernise legislation in this area and enhance local authority powers by obliging telecommunications operators to obtain the consent of the local authority before opening a road to lay underground telecommunications infrastructure. Under section 15 of the Bill, a local authority would be empowered to make its consent subject to conditions including reduction in the number of telecommunications related road openings by ensuring that road openings are co-ordinated, trenches are shared and spare ducts are laid for future use by other operators.
The Bill simplifies the legislative and arbitration systems to enable the operators of fixed telecommunications networks to obtain rights of use over land for the purpose of constructing telecommunications infrastructure, where such infrastructure is essential for supply of telecommunications services – mobile phone operators are not included in these provisions – while maintaining an environment for development that is attractive to investment in telecommunications infrastructure.
Beyond the above provisions, I have already recently indicated, in response to the Committee Stage debate on the Planning and Development Bill, 1999, that I would consider the need for a strengthening of legislation to control road openings.
In the meantime, I have asked the Dublin Transportation Office to assess, in consultation with local authorities in the DTO area, to what extent the approaches taken to the opening and reinstatement of roads and paths for the installation of telecommunications infrastructure could be better managed.
