The Infralink programme has been led by infrastructure experts, the Scottish Futures Trust, and funded by the Scotland 5G Centre. It was established to improve engagement between potential public sector landlords and mobile industry tenants.
To help the parties start off on a positive footing and accelerate negotiations, a number of tools were established that are balanced, transparent and work across different areas of Scotland.
Infralink offers a credible option to current practice by establishing tools that are balanced and transparent and work at a national level. The tools build off existing operating leases, valuations, case-law and data, so that they work in the real world. The Infralink team will review the tools on an annual basis so that they remain up-to-date and best practice.
A set of documents that will be a balanced starting point for negotiations and take account of current legislation.
A methodology and pricing table that builds on case law and recognises the impact of digital infrastructure as a tenant.
An online map-based shop window for public sector bodies interested in discussing connectivity in their area allowing them to set out the assets and terms up-front and drive the discussions based on data.
The tools apply to land, buildings and street assets as well as 4G, 5G and IoT technology and take account of the different needs of rural and urban areas.
A key part of the discussions between potential landlords and tenants will be the financial considerations. This should take account of the value of the asset, the burden on the landlord and any benefits the tenant is receiving. There are a few other things it needs to comply with too - the Electronic Communications Code 2017, subsidy control (formerly known as state aid) and a public bodies ‘best consideration’ obligation.
The Payment Guidance has taken all these elements into consideration for a variety of asset types across Scotland to provide a fair starting point to begin negotiations.
Consideration about subsidy control (formerly known as state aid) and public authority ‘best consideration’ requirements can be found in the Infralink Local Authority Note.