The Electronic Communications Code: A Guide for Property Lawyers

This new book provides comprehensive and expert guidance on how best to implement and comply with the changes that have been made to the Electronic Communications Code since 2022 in relation to Property Law. Jonathan Wills is a leading practitioner on the Code, having represented a number of private land-owner clients who have been affected by the code.

The Electronic Communications Code: A Guide for Property Lawyers provides commentary and advice on the Supreme Court decision of 2022 stating that operators who are already in situ on land are not barred from seeking code rights; and the coming into force of the Product Security and Telecommunications Infrastructure Act 2022.

With reference to all decided case law the book considers the different parts of the Electronic Communications Code including:

• The definition of what Code rights are
• How Code rights are acquired and resisted
• What determines what terms are contained in Code agreements
• The valuation of consideration (rent)
• Applications for compensation,
• Termination and renewal of agreements

table of content

Introduction

 

1. The Context of the Code

 

2. Operators and Code Rights

 

3. Occupiers

 

4. Electronic Communications Apparatus and Networks

 

5. Code Agreements

 

6. The Imposition of a Code Agreement Under Para 20

 

7. Consideration and Compensation

 

8. Interim Code Agreements Under Para 26

 

9. Temporary Code Agreements Under Para 27

 

10. Assignment, Upgrading and Sharing

 

11. Achieving Vacant Possession

 

12. Renewals and Modifications of Code Agreements

 

13. 1954 Act Lease Renewal

 

14. Content and Service of Notices Under the Code

 

15. Practical Matters in the Tribunals

 

16. Miscellaneous Parts of the Code

 

17. When is the Old Code Still Relevant?

 

18. Planning and the Code

 

Appendix: Legislation

The Code (Schedule 3A to the Communications Act 2003, as Amended)

Transitional Provisions (Schedule 2 to the Digital Economy Act 2017)