Further to announcements made late 2009 The Crown Estate would like to confirm the implementation of revised terms for the granting of agreements for telecommunication cables located on Crown Estate seabed.
A generic licence can now be downloaded via the link:
The licence will form the basis on which future individual agreements are settled. Revised terms took effect from 1 January 2010 and will apply to all new cables for which an agreement is granted after 31 December 2009. The document is considered as final and will form the basis on which individual agreements are granted.
Review of Crown Estate Leases for the Laying of Telecommunications Cables on the UK Territorial Seabed
The review of the standard licence terms for the laying of submarine telecommunication cables on seabed and foreshore in Crown Estate ownership has now been completed. The terms have been finalised following a period consultation with industry and we would like to thank all those who have assisted us in reaching this point.
The published terms and conditions of The Crown Estate’s standard licence agreement for telecommunication cable installations on the seabed of the UK territorial sea have been in place for over ten years. Operational experience over that period suggests that some parts of the standard agreement require to be updated and we consider that it would be appropriate to review the terms to better accommodate and reflect industry, The Crown Estate and general marine development circumstances.
Notice of our intention to review the standard terms was first given in February 2009 at which point system operators and interested parties were invited to make representations on:
- system definitions,
- out of service and decommissioning arrangements, and
- the basis for the calculation of rent.
Five responses were received which, in summary, proposed inclusion of the following elements in the review:
- system definitions,
- current out of service arrangements,
- the circumstances under which a system is switched off but potential remains for future reuse,
- the rent charged during different operational phases,
- indexation,
- works restriction, dredging restriction and notification zones,
- decommissioning arrangements,
- a general update of the pro-forma licence.
In undertaking the review we have sought to reflect the reasonable requirements of cable operators whilst ensuring suitable measures are in place to provide long term security and protection to The Crown Estate. The terms of the revised pro-forma document will be applied to all new telecommunication systems. Project specific discussion will be needed in respect of decommissioning, arrangements for which are expected to vary with site conditions.
Existing telecommunication cable operators have been offered the opportunity to provide their views on our proposals for revision, and links to a copy of the letters sent to operators are available in the Downloads sections on this page. There is also a document summarising the main changes together with a guidance note explaining the measures we propose in relation to decommissioning.
It should be emphasised that existing licence agreements, and any put in place up until and including 31 December 2009, will remain on the current published terms.
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