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EE and Three mobe mast surveyors might 'upload some virus' to London Tube control centre, TfL told judge

(2021/06/09)


Transport for London tried to block engineers and surveyors from EE and Three carrying out a survey for a new mobile phone mast by telling a judge they “might insert a USB stick into a computer” or “upload some virus”.

The comments were made by a barrister acting on London Underground’s behalf when a dispute over rooftop access ended up in front of the Upper Tribunal’s Lands Chamber.

The two mobile network operators wanted to send surveyors onto the roof of a TfL-owned office block in Southwark, as the first step to putting a mobile mast on the roof. TfL tried to block this because the building also contains London Underground’s main power control centre, a piece of critical national infrastructure.

[1]

Upper Tribunal judge Martin Rodger QC ruled in the networks’ favour, dismissing TfL’s legal arguments that surveyors could be blocked from accessing the office block’s roof.

[2]Working from a countryside plot nestled in a not-spot? Consultation opens on new rural mobile planning laws for bigger masts, wider coverage

[3]Please, tell us more about how just 60 hydrogen-powered 5G drones could make 400,000 UK base stations redundant

[4]Bill Gates lays out a three-point plan to rid the world of COVID-19 – and anti-vaxxer cranks aren't gonna like it

[5]Belief in 5G conspiracy theories goes hand-in-hand with small explosions of rage, paranoia and violence, researchers claim

[6]UK.gov: Huge mobile masts coming to a grassy hill near you soon

“Mr Balen” said the judge in his [7]full ruling , referring to TfL’s barrister Mischa Balen, “also explained that London Underground is fearful that someone coming into the building might insert a USB stick into a computer and either download some critical information or upload some virus, or otherwise do some mischief.”

Further details were given to the tribunal by a senior TfL security person: “That evidence is provided by Mr Kevin Clack, who is the network security and policing manager for Transport for London, the respondent’s parent organisation.”

[8]

[9]

Clack, said the judge, made “the rather surprising suggestion” that nobody had “time to supervise access to the roof of the building” as an argument against letting Three and EE inspect it.

TfL also tried to impress the judge by referring to recent “terrorist attacks causing serious loss of life”.

TfL central

London Underground’s main control centre for trains and electricity alike is at Palestra, a dreary glass-fronted office block opposite Southwark tube station in South London and next to the Thameslink tracks running between King’s Cross and London Bridge stations.

Its function was confirmed in a 2016 London Assembly [10]meeting note (PDF). Due to its high flat roof relative to nearby buildings and the large number of commuter trains passing by on the busy Thameslink tracks, Palestra appears to be a good candidate for a mobile mast.

[11]

“I do not accept that what is proposed by the claimants would expose the building to an appreciable risk of sabotage, nor that extending the number of individuals with knowledge of the building and what it is used for (to the extent such knowledge would be acquired by a visitor) would increase such a risk,” concluded Judge Rodgers.

The two mobile networks are therefore permitted to inspect Palestra's roof, though if the networks decide they do want to place a mast on it, another dispute could arise.

A previous dispute about laws granting telcos legal rights to access third parties’ buildings for the purpose of putting mobile masts on them [12]ended up in the Court of Appeal in 2019 . There, the University of London lost an attempt to block surveyors for a proposed new mast that would have served Paddington station and Vodafone’s London HQ.

[13]

The proposed mobile mast might even bring benefits to TfL: last year Capita [14]won a contract to provide existing Airwave radios , used by the emergency services, with 4G-based connectivity run through EE’s network. ®

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[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YMDlni9UI7Rl@LPXbb3tQQAAABM&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://www.theregister.com/2021/04/20/dcms_opens_consultation_on_new/

[3] https://www.theregister.com/2020/11/04/stratospheric_platforms_cambridge_consultants_antenna/

[4] https://www.theregister.com/2020/09/30/bill_gates_coronavirus_vaccine/

[5] https://www.theregister.com/2020/06/22/5g_conspiracy_theories_rage_violence_paranoia/

[6] https://www.theregister.com/2019/08/29/huge_mobile_masts_coming_to_a_hill_near_you_soon/

[7] https://www.bailii.org/uk/cases/UKUT/LC/2021/128.html

[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YMDlni9UI7Rl@LPXbb3tQQAAABM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[9] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YMDlni9UI7Rl@LPXbb3tQQAAABM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[10] https://www.london.gov.uk/about-us/londonassembly/meetings/documents/s59385/Appendix%202%20-%20control%20centres%20site%20visit.pdf

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YMDlni9UI7Rl@LPXbb3tQQAAABM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[12] https://www.theregister.com/2019/11/27/uni_london_cornerstone_mobile_mast_court_appeal/

[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YMDlni9UI7Rl@LPXbb3tQQAAABM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[14] https://www.theregister.com/2020/03/11/capita_esn_contract/

[15] https://whitepapers.theregister.com/

Jay 2

Great now we have someone "official" (from TFL) mentioning the word virus in conjunction with a mobile mast. That will be picked up by the usual nutjobs I'm sure.

I wonder why everyone is "too busy" in TFL to have a person or two to chaperone said telco types (and ensure they don't make a beeline for the nearest USB socket).

Lon24

I read it as TfL's case was - it's a secure building but we have no security. Presumably when the bog springs a leak they can't admit a plumber 'cos he could deploy a wrench that could possibly harm a touchscreen. Or even - Mr Kevin Clack (network security and policing manager)

Mr Humbug

More like: we don't want you shoving a mast on our roof because that means there will be people we don't know demanding access to the roof, possibly at short notice and possibly out of hours. Therefore you can't look at our roof because, erm, terrorism and national security.

Open door policy?

Pete 2

> someone coming into the building might insert a USB stick into a computer and either download some critical information or upload some virus

You'd kind of hope that if this building really did contain some nationally (or just London?) important infrastructure, that the security surrounding that sensitive bit of floorspace would reflect its importance - and its vulnerability.

So that nobody could just "insert a USB stick" into something that was vital to keep power supplied to the Underground.

Re: Open door policy?

John Robson

And that the computers in there didn't have enabled, exposed USB sockets...

What kind of secure building doesn't have the capacity to escort someone to the roof. I'm sure Three would happily pay for the overtime of a security guard for the day.

Re: Open door policy?

Anonymous Coward

If I were the mobile engineer, I'd volunteer to abseil onto the roof from a helicopter.

Not because it's a remotely sensible way to do it, mostly because it would be fun.

Re: Open door policy?

Hans Neeson-Bumpsadese

If I were the mobile engineer, I'd volunteer to abseil onto the roof from a helicopter.

Indeed. If a job isn't worth doing while accompanied by the "Mission: Impossible" theme music, then it simply isn't worth doing at all.

Re: Open door policy?

BenDwire

I concur. I once found myself humming that tune while fixing the bogs at work. I was the MD at the time too ...

Re: Open door policy?

CountCadaver

I wouldn't bet on that given that they can't sort out a mast with worse data rates on 4G than 3G on one particular beam (walk to other side of mast things work as expected, back to side a and speeds < 0.05mbps) They claimed congestion, said they had fixed it, lasted about an hour and went back to the way it was, asked them to get someone in the UK to speak to me so I could explain the issue and instead got random gibberish from Indian alledgedly second line support, so asked for PAC, tried a few different sims, Vodafone and O2 best signal, went with O2, online deal £12 a month for 12 months and 60GB data a month. works at around 10mbps up and down (better still next town over oddly)

Re: Open door policy?

LDS

Don't you know that terrorists can throw USB sticks with the precision of knives throwers in movies, and hit the USB ports from several metres, even across gates and grids?

Re: Open door policy?

Pete 2

> terrorists can throw USB sticks with the precision of knives throwers in movies

Yes. Even around corners, up flights of stairs and through locked doors.

There are even USB sticks made of ice, so that once they have delivered their evil, world-conquering payloads, they melt and leave no evidence.

Re: Open door policy?

Cynic_999

But only on the third try.

Re: Open door policy?

Warm Braw

You'd kind of hope that if this building really did contain some nationally (or just London?) important infrastructure, that the security surrounding that sensitive bit of floorspace would reflect its importance

As I recall, when TfL chose to relocate to the Palestra building it was felt that the availability of lights-out hosting facilities made it unnecessary to provide a computer room. I did hear a tale that this resulted in the equipment operating London's traffic lights becoming homeless as it required access and attention. One plan at the time was, I gather, to acquire nondescript private premises to accommodate it. I'm assuming that wasn't the full extent of the security measures.

Although if it were, you wouldn't want a surveyor stumbling on it by accident...

Adrian 4

It 's not just once though, is it ?

If they decide they want to put one there, there'll be disruption whilst it's installed and doubtless access required from time to time. And haven't compulsory site rental rates just been reduced, making a lot of people not want the hassle ?

The excuses are, I agree, a bit thin. But it's their roof. Why should they let someone build on it ?

ARGO

Because under the digital economy act they have to. That law was introduced in 2017, and the legal test cases relating to it haven't played out yet. This appears to be another one.

Antron Argaiv

Here in the USofA, mobile providers PAY the owners of the buildings a substantial sum every month for the space used (antennas on the roof or sides of the building, closet square footage for the radio and computer equipment, etc).

Does this not happen in the UK? Building owners aren't compensated at all?

My neighbor has a 200' tower on his property. It went up in the 90s for one mobile provider and he told me then that he was getting $1k/mo from them. There are now two more providers, plus some police and fire radios on the tower. I suspect he's getting upwards of $3k/mo from them.

Side benefit: we get excellent mobile signal strength :-)

Side disadvantage: For a while, we had interference problems with our garage door openers. Problems went away when they upgraded the equipment, which seems to happen every few years

Re: Does this not happen in the UK? Building owners aren't compensated at all?

Return To Sender

Most likely it'd be a wayleave. This is probably the relevant bit of info:

https://www.gov.uk/guidance/guidance-on-access-agreements

Cynic_999

Absolutely the same is true in the UK. Also telephone and power companies must pay the owner to string cables over or under their land.

NXM

We have a wayleave payment for overhead power lines across our field, but not the underground BT phone cable.

I'll just put the plough on the tractor.....

Anonymous Coward

BT used to have statuary powers to install cables across anyone's land, from the days that they were the GPO.

Richard Jones 1

A better excuse would have been that there was some aspect of the roof, e.g. constructional weakness, that would preclude any load increasing work to be carried out, or that running a transmitter close to the TFL equipment might be hazardous. Both are suspect suggestions.

Does TFL, (does it stand for Tragically Failing London?) even own the building?

No doubt the QC was paid good appeared money for their dubious comedy show.

Steve Evans

I suspect structural suitability would be exactly the kind of thing the survey was intended to check.

lglethal

I get it, people really dont want another bloody telco mast on their office's roof. Fine. But ffs, come up with some better excuses!

I mean this really could have been easy for TfL. 1) Let them have access, but charge them for requiring 1 security guard per person per day of the survey. 2) Impress upon them that they need to prove that there is ZERO chance of the transmissions of a mast on the roof affecting the network control computers or any other computers on site. With a detailed explanation of the costs involved should a single computer fail and take down part of the TfL network. As well as a detailed breakdown of how this would be communicated to the public and the media during the course of such an event (with, naturally, blame being apportioned as TfL deemed appropriate).

With such explanations made, even if the Roof proved to be the best mast site within 20km, I could almost guarantee that the Network operators wouldnt touch it with a 100 foot pole (or a telecoms mast for that matter!) for fear of the publicity involved in being blamed for any problems on the London transport network...

Santa from Exeter

So, you are encouraging TFL to lie yet again about the cause of problems then?

Antron Argaiv

The transmit power is fairly low and highly directional. We had antennas on our office building and zero interference.

Additionally, the flat roofs of most commercial buildings are corrugated galvanised steel, grounded (earthed) for lightning protection, so they act as an excellent RF shield.

I would not be worried about interference to equipment. The same for human exposure. The RF field strength decreases as the inverse square, and the health & safety folks will do a field strength survey, I'm sure. Most of the energy is directed out away from the building anyhow, as that's where the mobiles are.

tojb

Can't have directed energy and inverse-square falloff: pick one! If it is mostly in-plane (sensible for a mast) then expect 1/r.

John Robson

It'll probably be 1:r^1.2 ish, because there will be some out of plane dispersion making it not a pure 1/r, but you are right that it also isn't 1/r^2.

That actually makes the situation better though - since the power at the transmitter doesn't need to be as high to provide useful signal at the target locations.

And that of course is *why* they use non omnidirectional kit - lower power needed, lower cost.

Anonymous Coward

>And that of course is *why* they use non omnidirectional kit - lower power needed, lower cost.

Actually, it's down to RF spectrum costs and user density. If you have an omni, all users in the vicinity need unique channels; with a 3-sector setup, you can reuse the bandwidth twice. Increase the sector count (decrease the angle) to increase available capacity.

But that's also why they use low power, but for a different reason - limit the range of a cell, and have another cell nearby, then you have more bandwidth in the same spectrum.

Just look at the spectrum auction costs to see their motivation!

John Robson

Very true, I had forgotten about the possibilities of splitting local space by lobing whilst focusing on stacked dipole dispersion.

I'm guessing you don't live in London...

Anonymous Coward

"being blamed for any problems on the London transport network..."

Given that TfL seem intent on driving (no pun intended) all vehicles out of London, I often wonder if the "f" might not actually stand for "Free" - as in, Transport-free London. I don't think anyone - not even the most ardent hole-excavating utility companies - do as much to disrupt travel in the city as TfL.

They don't need to blame anyone. It's just business-as-usual to them.

iron

If my mobile phone provider caused complete gridlock in London including roads, rail and that thing you call an Underground but mostly runs overground then sitting here in Glasgow I would give exactly zero shits. I suspect most of the rest of the UK would feel the same.

Btw our Underground actually runs 100% under the ground here.

External Access

Not an Anonymous Coward

Probably the most appropriate compromise might be to suggest that external access to the roof is most appropriate, and that EE/Three can start assembling the scaffolding in the street.

Must be secure...

Victor Ludorum

Just look at the vehicle access security...

[1]GMaps link

[1] https://goo.gl/maps/iNYBd92uq8wNe7yN9

Roof space

Anonymous Coward

Cover the roof in solar panels to provide green energy.

Sits Vac

Pen-y-gors

That evidence is provided by Mr Kevin Clack, who is the soon-to-be former network security and policing manager for Transport for London

FTFY

I mean...

safetysam

The tight security concern is not unreasonable. It might sound foolish as a headline, but this is basic stuff.

The real headline should be that there was no workable procedure for escorting someone where they wanted to go.

xyz123

Can Three etc sue TFL?

They've publicly stated they believe Three and other networks are a terrorist organization intent on doing damage to critical UK Infrastructure.

They should be made to apologize publicly, I'd say take down 50% of their billboards for the apology for 6months should be sufficient.

John Savard

I consider this a non sequitur. After all, it would be libelous to claim that Apple is an organization intent on uploading private nude snaps and sex videos from people's iPhones to Facebook.

None the less, something of the sort happened recently - not because Apple wanted it to happen, but because some people repairing an iPhone on its behalf happened to engage in malfeasance on their own.

So they're only claiming that Three might not be 100% perfect at vetting their employees - and, since we haven't yet developed the technology to read people's minds, that is inevitably true.

Nifty

I think the article didn't go into the required detail. The building freeholder would grant access and welcome mast rent. The leaseholder TFL won't allow physical. access. I'm pretty sure also that the lease terms if read carefully would establish that the leaseholder can be obliged to allow access for building-related issues.

John Savard

Now that would put a bit of a different light on it.

However, perhaps not by much. After all, while normal lease terms might indeed preclude a leaseholder from denying physical access under such circumstances, I'm sure that if one were leasing a building to the GCHQ, they would be able to obtain special terms.

Puzzled

John Savard

Why on earth would a law be enacted giving people the right to access someone else's building to build a cell phone mast?

If they want to put a cell phone mast on a building, they can always offer money to its owners. If they're not interested, that should be that.

Why would anyone think that compromising private property rights is a good idea?

"What was the self-sacrifice? "
"I jettisoned half of a much loved and I think
irreplaceable pair of shoes. "
"Why was that self-sacrifice? "
"Because they were mine! " said Ford crossly.
"I think we have different value systems. "
"Well mine's better. "
"That's according to your... oh never mind. "