The Electronic Communications Code is a complete regime which deals with the acquisition, valuation, renewal and termination of operators' rights. It is quite unlike the rules which normally apply to property.
Our property litigation solicitors can support you with your telecommunications rights, acting as the intermediary between landowners and operators.
The Electronic Communications Code gives telecommunications powers to claim rights over land for use in their networks. These rights are extensive, and can include rights of entry, rights to install apparatus (like masts and conduits), and rights to connect to power supplies, obstruct access ways and cut back vegetation.
Ofcom expects landowners and operators to work together to agree the rights an operator should have. It isn't always that easy.
Landowners and operators will often disagree about the rights that an operator should be claiming, or the sums that the operator should be paying for those rights. Landowners may be concerned about the impact that apparatus will have on the value of their investment, or on their ability to develop the land in future. Operators may be keen to secure more extensive rights than a landowner is prepared to give.
If agreement can't be reached, operators can apply to the Upper Tribunal (Lands Chamber) to acquire the rights they need. This can be a stressful experience. In those circumstances, it can be helpful to have someone on your side.
We regularly advise landowners on telecommunications rights and the electronic communications code. We can:
The team's real strength lies in the fact that everyone takes a very commercial approach towards litigation, realising that sometimes a good settlement may be worth more to a client than a judgment from a court.