The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. In order to impose rights against a reluctant landowner, the operator must establish that the prejudice caused to the landowner by the imposition of those rights can be adequately Read More
The Upper Tribunal has, reluctantly it is fair to say, found that telecoms operators in situ under agreements granted under the old Code but which expired before the new Code came into force have no Code protection and are unable to apply for fresh Code rights. This leaves a landowner free to serve a removal Read More
What are interim Code rights?
Operators have been having issues in relation to non-responsive owners of multi-let buildings where the Operator’s customer occupies part of the building as a tenant. This means that there is often a delay in the tenant of those multi-let buildings getting internet services.
In order to tackle this issue the Read More
The Upper Tribunal has considered for the first time the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954, ruling that an operator in occupation under a lease protected by the 1954 Act is not entitled to ask the Tribunal to impose Code rights.
The new Code came into force Read More
It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install their apparatus on private land. The policy behind the Code is to improve our communications infrastructure so that Read More
Earlier this year, we blogged about the new Electronic Communications Code and the impact the changes would have for equipment installed by approved telecoms operators on private land. It has been announced today that the changes are coming into force on 28 December 2017. As a quick recap, the main changes are:
1. New no-scheme Read More
Last week we blogged on the reforms to the Electronic Communications Code, which were added as a last minute amendment to the Infrastructure Bill. These have now been spectacularly withdrawn by the government.
Although the revised Code did seek to resolve some of the flaws of the existing Code there was concern about whether the Read More
The Law Commission’s report on reform of the Electronic Communications Code was published in February 2013, following a consultation that ended in October 2012. Although the government announced last December that it would bring forward reforms to the Electronic Communications Code, it has come as a surprise to many that a new Code has been Read More
Famously described as “one of the least coherent pieces of legislation on the statute book” by Lord Justice Lewison in a 2010 judgment, the Code gives telecommunications operators rights over private land to further the coverage of their networks. Long thought Read More