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Reforming the Electronic Communications Code

Reforming the Electronic Communications Code

Reforming the Electronic Communications Code

Having come into force less than 5 years ago, plans for reforming the Electronic Communications Code (The Code) are already underway with the Product Security and Telecommunications Infrastructure Bill 2021-2022 set to become law.

The Bill will introduce key changes to the code which will include;

  • Enabling operations to automatically upgrade and share apparatus which was installed prior to 2017
  • A new procedure to allow operators to have temporary rights of access to land where a landowner is unresponsive
  • Streamlining the renewal of expired telecoms agreements
  • Streamlining the timescale for court and tribunal proceedings
  • Active encouragement for alternative dispute resolution

The amendments to the code will facilitate upgrades to telecoms apparatus which in theory, should speed up the process of finalising new telecoms agreements. However, the Bill does not address the issue of landowners being fairly compensated in terms of rent. Until this changes, landowners are unlikely to be excited as operators about the introduction of the Bill with private property rights being disregarded and rooftops filled at the expense of the fast-paced roll out of digital infrastructure.

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If you would like to discuss any issue relating to this blog, please do not hesitate to contact a member of the Real Estate Dispute Resolution Team on 01895 201759 or contact us via the enquiry form at the top of our Property Disputes page.