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Subject:  Can Telecoms Rebound? Date:  2/12/2001  6:08 AM
Author:  markmassetti Number:  6093 of 10419

I know you commented on this back on Jan 26th, but we had some browser software on trial that prevented us from posting anything to non-secure sites - anyway.

Being a UK resident, but subscribing to the US site, i thought it worth a mention regarding these 3G licences.

How much did the UK telco's pay? £28 billion was it? or £500 for every man, woman and child.

Well we all know they've gone out on a financial limb and have huge sums of money to fork out to now build the infrastructure - oops, problem.

I'm no expert, but it's reasonably well know and high profile that telco's can site their masts anywhere they want (in the UK) and have plenty of dosh to fight through the planning appeals process if some poor soul objects to waking up in the morning to find a mast in his/her back garden.

The problem is that if anyone objects to a planning application and the local authority approves it, you have no right of appeal (except straight to the High Court, on a matter of judicial review, not the planning, as the LA should know best how to serve their area).

If however the LA turns it down, the applicant can then appeal to the planning inspectorate and if they turn it down, the applicant can go to the Secretary of State.

By now poor old Joe Bloggs has gone bust a long time ago.

Not anymore - enter the wonderful European Human Rights Act. There was a small article in the broadsheets that said someone had objected to a mast being built under the EHRA and the courts ruled that the Secretary of State cannot sit on the appeal process as it is against one's human rights to fight someone who both makes and rules on policies.

It normal speak that means (i think) you can't be poacher and gamekeeper, judge and jury etc etc.

Normally, given the way the law is stacked against the man in the street and the legal and financial clout of the telco's, the telco always wins.

This may now not be the case - in fact, this could be serious blow to the telco's as they have 10's of thousands of masts to erect.

Maybe the telco's assumed that they would be able to continue to run roughshod with siting of their masts and now the EHRA may change that.

Well you know what assume is don't you? - Assume is the mother of all f*** - ups
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