New Electronic Communications Code—Code rights

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • New Electronic Communications Code—Code rights
  • The new Code
  • Defined terms
  • Comparison of provisions in relation to Code rights in previous Code and new Code
  • Who is a Code operator? (Part 1)
  • What are Code rights? (Part 1)
  • How do Code rights arise and who do they bind—agreements under Part 2 (Part 2)
  • Ofcom’s standard terms
  • Power to assign code rights and upgrade and/or share apparatus (Part 3)
  • Assignment, sharing and upgrading—anti-avoidance provisions
  • More...

New Electronic Communications Code—Code rights

FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the purposes of empowering the Secretary of State to make regulations in respect of the new Part 4A to be inserted into the Electronic Communications Code contained in Schedule 3A Part 1 to the Communications Act 2003 (the Code). The substantive provisions will come into force on a date to be appointed. Part 4A makes provision for the court to make an order imposing an agreement for Code rights for the purposes of providing electronic communications services to multiple dwelling leased premises. A Part 4A order can be applied for where a leaseholder in occupation of premises within the scope of Part 4A requests that an operator provides electronic communications services, and the operator has served a prescribed number of, and type of, notices on the required grantor within prescribed timescales seeking agreement to the grant of rights, but the required grantor has not responded or objected. TI(LP)A 2021 also makes various consequential amends to existing provisions in the Code in order to ensure that provisions in respect of jurisdiction, compensation and removal also apply to Part 4A. For more information in respect of the Code, see Practice Note below.

Accordingly, all references in this Practice Note to Part 4A are for

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