Navigating the Electronic Communications Code - Negotiation & Litigation for Landowners

Introduction

The increasing importance of fast and efficient communications means that UK government policy is committed to the delivery of fast and reliable broadband and mobile connectivity. In 2017, the Electronic Communications Code was introduced with a view to granting significant rights to operators which have caused issues with landowners. As a result, there have been numerous cases before the Upper Tribunal and Court considering the meaning and effect of the Code.

More recently, the government has consulted on further revisions to the Code to address some of the perceived obstacles to the roll out of the network.

It has now published the Product Security and Telecommunications Infrastructure Bill to further amend the Code. The intent is to:

• Amend the Code to support the quick and efficient rollout of gigabit-capable broadband and 5G networks in a way that balances the interests of landowners, telecoms operators and the public
• Align the process and framework for renewal agreements with those for new agreements and encourage more collaborative negotiations to ensure that roll out to homes and businesses is smooth and efficient
• Introduce measures that will help optimise the use of existing infrastructure

This virtual classroom seminar will provide an overview of the Code, a review of recent cases, and practical tips on negotiating terms with a focus on litigation in this area as opposed to transactions. The session will also look at the likely effect of the Product Security and Telecommunications Infrastructure Bill.

What You Will Learn

This live and interactive course will cover the following:

• An overview of the Code
• The Product Security and Telecommunications Infrastructure Bill
• Telecommunications Infrastructure (Leasehold Property) Act 2021
• Transitional provisions and the Landlord and Tenant Act 1954
• The key concepts and parts of the Code for landowners:
• Electronic communications apparatus
• Land and occupiers
• Code agreements
• Assignment/sharing
• Upgrading
• Code rights by agreement and negotiation of heads of terms
• Compensation, consideration and rent
• Code notices
• Tribunal applications - enforcement and dispute resolution
• Termination and renewal of Code agreements
• Removal of apparatus
• Recent and key decisions
• The future - how will the Product Security and Telecommunications Infrastructure Bill change the position?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.