Property Patter: The Electronic Communications Code – what are the current issues with negotiating telecoms agreements?

Emma Humphreys and Georgina Muskett are joined by Allison Mullen of Telemaster to discuss some of the practical issues arising out of the Electronic Communications Code.  The “new” Code has been in force since December 2017 and, although it was supposed to speed up the roll out of electronic communications apparatus, it is generally acknowledged that it has led to stagnation in the market.  So what are the barriers to concluding telecoms agreements?  Our discussion looks at issues such as:

• Rents under the new Code
• Rights of access to buildings (especially rooftop sites)
• The challenges of defining “equipment” in Code agreements
• Recent Tribunal decisions in respect of operators’ rights to upgrade and share equipment

(1)   EE Limited (2) Hutchison 3G UK Limited v The London Borough of Islington [2019] UKUT 0053 (LC)

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates [2019] UKUT 107 (LC) CTIL v University of the Arts London [2020] UKUT 248 (LC) (subsequently appealed to the Court of Appeal and awaiting the outcome of a further appeal to the Supreme Court)

Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust [2020] UKUT 282 (LC) (also referred to as “Maple House”)

Cornerstone Telecommunications Infrastructure Ltd v University of the Arts London [2020] UKUT 248 (LC)

On Tower UK Ltd v JH & FW Green Ltd [2020] UKUT 348 (LC)

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