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.It provides that a potential subscriber can serve on a Code Operator a notice requiring it to use its powers to acquire an interest in anothera#39;s land. ... if it obtained the necessary right, the operator would not afford the person access to its network and could not be required to do so. ... But the landlorda#39;s control over his retained land is unaffected by the lease. ... prohibiting access to electronic communications services (here a satellite dish) may in some circumstances amount to an unlawfulanbsp;...
|Title||:||The Electronic Communications Code|
|Author||:||Great Britain. Law Commission|
|Publisher||:||The Stationery Office - 2012|