An analysis of the New Electronic Communications Code in 2018

An analysis of the New Electronic Communications Code in 2018

Few would deny that effective and efficient digital infrastructure is now essential in modern society. Digital telecommunications infrastructure is a vital facilitator of social communication and a substantial component in the machine of business worldwide.

In December 2017, the New Electronic Communications Code(the “New Code”) came into force under the Digital Economy Act 2017. The NewCode was enacted with the express purpose of championing the rapid expansion of telecommunications infrastructure and essentially granting greater protections and benefits to telecoms companies (or ‘operators’) with telecoms apparatus on private land. As a result, idle land locations such as rooftop space on commercial premises or remote rural sites have become prime real estate for telecoms businesses.

Certainly, events in 2018 can convincingly demonstrate that the New Code has created a shift in the balance of the law concerning telecommunications agreements between operators and landowners.  Almost a year on from the coming into force of the New Code, should the outcomes of the court decisions, consultations and out-of-court settlements provide confidence or caution to landowners intending on entering into telecommunications agreements?

For a full critique of the New Code’s appearance in 2018,written by Associate Solicitor James Nelson, click HERE

How Blaser Mills Law can help?

Our Real Estate and Development team can advise on existing telecommunications agreements and guide you through negotiations with telecoms businesses to help you to obtain an agreement that is commercially favourable to you. We are also able to advise on removal, re-possession and if required, litigation routes.

Our lawyers act solely on behalf of landowners and can advise you on key issues.

If you would like any further information on this topic, please do not hesitate to contact our experts.