The electronic communications code: a consultation paper
The Electronic Communications Code (schedule 2 to the Telecommunications Act 1984) sets out the regime that governs the rights of electronic communications operators to install and maintain infrastructure on public and private land. The Code strikes a balance between the rights and interests of landowners and network operators. This consultation paper discusses the current law and set out a number of provisional proposals and options for reform. The paper considers all the main provisions of the current Code and areas highlighted for potential reform include: the rights of operators and landowners under the Code, and the position of third parties; operators' obligations under the Code and related regulations; the test applied to determine whether code rights are granted to an operator where a landowner objects; the measure of the financial award to be paid to the landowner where an operator is granted code rights; the appropriate forum for the resolution of disputes, and other procedural issues; the interaction between the Code and other statutory regimes. The Code applies throughout the UK. The Commission's focus is on the law in England and Wales, but the project is being conducted in consultation with the Scottish and Northern Irish Law Commissions.
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The need for a code 2
The creation of code rights 3 28
Rights ancillary to code rights 3 54
Enforcement of code rights 3 103
Linear obstacles 4 22
ALTERATIONS AND SECURITY
FINANCIAL AWARDS UNDER THE CODE
Consideration and its valuation 6 38
minor issues 6 79
INTERACTION WITH OTHER REGIMES
THE ELECTRONIC COMMUNICATIONS CODE
2003 Regulations agreement ancillary rights apparatus installed apply ask consultees assessed award bound by code cable Code Operator Code Operator’s apparatus code rights Communications Act 2003 compulsory acquisition compulsory purchase conduit consider Consultation Paper consultees agree consultees to tell counter-notice Country Planning Crown Estate deﬁnition Department for Culture diminution in value discussed Electricity Act 1989 electronic communications apparatus Electronic Communications Code electronic communications networks electronic communications services European example exercise grant Human Rights install apparatus interest interference landowner’s Lands Chamber last visited 19 lease legislation market value Media and Sport Mercury Communications Northern Ireland notice Ofcom overhead lines owner paragraph 21 paras payable payment person powers procedure provisionally propose relevant restriction revised code rights to install Scotland security provisions special regime speciﬁc Telecommunications Act 1984 Tenant Act 1954 tidal waters undertakers utility easement visited 19 June waters and lands wayleave