Electronic Communications Code - Tribunal Decision UKUT 0116(LC)

Electronic Communications Code - Tribunal Decision UKUT 0116(LC)

Thursday, 04 April 2019

Electronic Communications Code

Carlos Pierce and Tina Middleton look at the recent decision in Cornerstone Telecommunications Infrastructure Limited v Richard Gregory Keast [2019] UKUT 0116(LC) where Cornerstone successfully argued that:

  • Ownership of apparatus (including masts) does not pass to the landowner when that apparatus is installed pursuant to Code rights
  • An operator e.g. Vodafone, Telefónica, Cornerstone, can seek Code rights over land even if there is existing electronic communications apparatus installed on the land
  • Code operators whose Ofcom Code powers direction prior to the introduction of the Code was for the purposes of providing a “system of conduits” are now treated as having Code powers for the provision of a “system of infrastructure”.
  • The Tribunal has jurisdiction to impose terms that the operator seeks but whether such terms will be imposed will depend on the Tribunal’s discretion.
  • In the battle of the cheeses, Cheddar came out on top..!

The decision will be welcomed by both operators and landowners and will hopefully facilitate discussions on agreement terms. Read the full article here.