Telecoms

Question 1

Telecoms legistlation

Answer 1

2017 Electronic Communications Code - came into effect on 28th December 2017.
Part of Digital Economy Act 2017

Question 2

What does the code apply to?

Answer 2

The code allows operators to:

• install electronic communications apparatus on, under or over the land;
• keep installed apparatus which is on, under or over land;
• inspect, maintain, and operate apparatus;
• carry out any works on the land to enable apparatus to be installed and maintained;

Question 3

Changes from the 1984 code to the ‘new code’ provisions?

Answer 3

1. Additional grant of rights - if can’t agree by negotiation/consent = Para 20 notice
2. Valuation - Value of site to operator not taken into account = para 24 refers to consideration
3. Lack of visibility re Assignment/Upgrading/Sharing - code makes certain clause provisions (if attempted to be added in) void to be less restrictive to operators = para 16 & 17
4. Termination - Notice specific to agreement in place
   New code agreements = not less than 18months notice

Question 4

Paragraph 20 notice

Answer 4

Statutory Notice operator may serve to formalise request. Sets out all of terms of proposed agreement + code rights.

If fail to agree within 28days - operator has right to apply to court. Court can impose code agreement.

Question 5

Dale Park case

Question 6

Valuation definition under code

Answer 6

The MV of the relevant person’s agreement to confer the code right

Sum payable, arms length transaction

Value of site to operator not taken into account

Question 7

Para 11 - Conferral and Exercise of Code Rights

Answer 7

A code agreement must:

• Be in writing
• be signed on behalf of the parties
• state how long the term is
• state the period of notice to terminate the agreement