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The Electronic Communications Code | VWV Law Firm

The Electronic Communications Code

Telecommunications Rights & the Electronic Communications Code

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.

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What is the Electronic Communications Code?

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.


Crossed Wires

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.


How Can We Help?

We regularly advise landowners on telecommunications rights and the electronic communications code. We can:

  • advise on requests made by operators, including requests to access land, to install apparatus or carry out other works
  • advise on operators' rights, including the extent of the rights claimed and any grounds that a landowner may have to refuse those rights
  • negotiate with operators to ensure that landowners are properly protected and can make best use of their land in the future
  • advise on the termination of rights and the removal or relocation of apparatus
  • assist with any issues referred to the Tribunal for determination

If you are a landowner and would like to know more about how our property litigation solicitors can support you with your telecommunications rights, please contact Michelle Bendall on 0117 314 5326, who will be able to provide you with a fee estimate. Alternatively, you can complete our contact form below.

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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.

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Our property litigation solicitors can assist you with the full range of property disputes and are based across our offices in London, Watford, Bristol and Birmingham.

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Michelle Bendall - Partner & Property Litigation Solicitor - VWV Law Firm
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Property Litigation

Landlord & Tenant Matters

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Laura Seaman - Partner & Property Litigation Solicitor in Watford - VWV Law Firm
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Katie Hickman - Property Litigation & CPO Solicitor in London - VWV Law Firm
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