The Electronic Communications Code and Property Law: Practice and Procedure, 1st Edition (Hardback) book cover

The Electronic Communications Code and Property Law

Practice and Procedure, 1st Edition

By Falcon Chambers

Routledge

898 pages

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pub: 2018-09-24
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Description

Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated.

This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions.

All members of Falcon Chambers, comprising nine Queen’s Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).

Table of Contents

I

Introduction

  

Introduction

  

Legislative history

  

The Electronic Communications Code 2003: an overview

  

The European dimension

 

II

Electronic Communications Code 2003 (the Old Code)

 

Old Code: general and special regime overview

  

Operators under the Old Code

  

Old Code general regime

  

Old Code general regime: financial provisions

  

Old Code special regimes

  

Alteration and removal of apparatus under paragraph 20

  

Removal of apparatus under paragraph 21

  

Abandonment of apparatus

 

Old Code sundry matters

  

III

Electronic Communications Code 2017 (the New Code)

  

The Electronic Communications Code and property law: key concepts

  

What are code rights?

  

Who may confer code rights?

  

To whom may code rights be granted?

  

Over what may code rights be granted?

  

The agreement conferring code rights

  

Assignment, upgrading and sharing apparatus

  

Imposition of code agreements

  

Termination of code agreements

  

Modification of code agreements

  

Rights to require removal

  

The New Code and the 1954 Act

  

Transport land rights

  

Street works, tidal water rights and undertaker’s works

  

Overhead apparatus

  

Trees and vegetation

  

Consideration and compensation under the New Code

 

IV

Matters common to both codes

  

Transitional provisions

  

Notices under the codes

  

Dispute resolution procedure under the codes

  

Code avoidance

  

Electronic communications and planning

  

Compulsory purchase and entry for exploratory purposes

  

Telecommunications and non-domestic rates

  

Land registration

  

Electronic communications and competition law

  

The position in Scotland

  

The role of OFCOM

 

V

Drafting

  

Drafting considerations for code agreements

 

VI

The New Code – Annotated

 

VII

Appendices

 

A

Extracts from the Telecommunications Act 1984 and the Communications Act 2003

B

2017 Code and extracts from the Digital Economy Act 2017

C

Statutory Instruments

D

OFCOM Code of Practice

E

OFCOM Template Notices

F

OFCOM Standard Terms

About the Authors

From Falcon Chambers, London, UK:

Guy Fetherstonhaugh QC

Jonathan Karas QC

Wayne Clark

Barry Denyer-Green

Stephanie Tozer

Oliver Radley-Gardner

Toby Boncey

With distinguished contributions from Gareth Hale, Partner, Dentons UK and Middle East LLP, and from Luke Maidens, Shulmans LLP.

Subject Categories

BISAC Subject Codes/Headings:
LAW015000
LAW / Communications
LAW019000
LAW / Construction
LAW055000
LAW / Land Use
LAW074000
LAW / Property
LAW077000
LAW / Public Utilities
LAW078000
LAW / Real Estate
TEC005000
TECHNOLOGY & ENGINEERING / Construction / General