BULLYING TACTICS by telecom operators are pressuring farmers into leasing their land for ‘peanuts’, in order to meet government targets for Emergency Services Network rollout.

The UK Government has assigned telecoms giant EE with the task of building masts in over 400 sites across the UK, with a further 300 sites specifically to be built in the most rural parts of Britain, which has involved gaining access to agricultural land in the process.

Since the introduction of the Electronic Communications Code in December 2017, telecoms operators have been able to lower the rates at which they have to pay landowners for accessing their land.

Isle of Skye sheep farmer Murdo Macdonald has accused EE of using bullying tactics to pressure him in to granting access to his land and told The SF that they never consulted him before applying for planning permission.

“Last June we received an email asking if we would be happy hosting an emergency service mast on our land,” he said. “We agreed to consider access if we were offered a reasonable rent. They came back offering me £250 a year which I refused to agree to and found out they had already applied for planning permission without my prior knowledge or consent.

“Last night (Tuesday 21) I received a threatening email saying I would have to attend a tribunal on the grounds that I won’t sign the lease. There is no way I can afford to spend £50,000 in fees, this is just a way of getting farmers to make a quick sign off. Farmers are in a powerless position, they can't do anything.”

Mr Macdonald has been working with Galbraith land agents since the summer to attempt to agree consensual terms and improve the situation, but EE have so far not budged significantly on their price.

Head of energy at Galbraith, Mike Reid, explained what has been happening: “EE have a tight deadline to put up new sites and have them running by the end of the year, which could explain why they are trying to rush things forward by serving tribunal notices on landowners. In Mr Macdonald’s case, they didn’t take his comments on the proposed site location into account before applying for planning consent,” he continued. “He already has a mast on the farm right next to the proposed EE site which he wanted them to share, but they insisted on building a new mast without any real justification and EE’s proposed access route went straight through Mr Macdonald’s livestock handling pens so couldn’t have been more inconvenient.”

Under the 2017 Code, the UK Government predicted a 40% drop in rates to be offered to landowners, however, the actual figure has seen a proposed drop of around 90%. Some farmers are being offered around £250/annum or less for a site which they would have received in the region of £5000/annum prior to the new Code.

Landowners aren’t just feeling undermined financially as there are other issues which arise on many sites including access routes and breach of access protocols. Mr Reid confirmed: “Access routes and protocols need to be agreed to ensure the safety of the farmer and the operator’s contractors. One of the biggest problems is that access protocols are often being breeched and operators are arriving any time of the day or night without notice in advance to allow the farmer to prepare or advise them over any potential health and safety risks.

“The emergency services rollout is extremely important as it will provide a vital service to rural areas, however, this shouldn’t be to the detriment of farmers who host their sites as they should be properly consulted and paid an appropriate amount for the installation,” he concluded.

An EE spokesperson responded: “As part of our ongoing commitment to build a resilient Emergency Services Network and improve rural connectivity, we are continuing to roll out 4G across Scotland, as we know how important it is for people to be connected. Our investment in Scotland will have a significant impact for both the local communities and the emergency services, providing greater access to a range of mobile broadband and public safety services.”

"We recognise that we have an important role in ensuring our communications to landlords are clear and the offers made are fair, in the context of the rights provided under the Electronics Communications Code and the ever-growing demand for mobile connectivity," they continued. "We’re continuing negotiations with Mr and Mrs MacDonald in line with the principles set out by the Code, as well as Ofcom’s Code of Practice, to reach an agreement on the proposed site that both parties are happy with.”