Mast-ering the Electronic Communications Code as a landowner
Everybody takes connectivity for granted, but in today’s digital world, there is a whole network of telecommunications apparatus scattered across the country to make this possible. If you own land, then you may need to be aware of your rights and obligations in respect of any telecommunications apparatus which may be on it.
What is the Electronic Communications Code?
The Electronic Communications Code (Code) sets out a process for dealing with telecommunications equipment on land, including imposing rights and obligations and establishing procedures for termination or modification of rights.
Ofcom has a list of “operators” to whom the Code applies. The Code gives rights to operators in respect of any “apparatus” which they have installed on, over or under land. This including rights of access to look after and inspect their apparatus, to carry out works, to connect to power supplies and to lop, or cut back, trees or other vegetation that might interfere with their apparatus.
Apparatus, including masts, can be found in all kinds of places, but especially on tall buildings, such as hotels, accommodation blocks and the like, but also in open spaces, including on agricultural land, and schools.
Receiving correspondence
It might be tempting, if you receive correspondence about apparatus which is on your land, to ignore it. However, this would be unwise. You should get specialist advice so that you know the nature of the correspondence, its effect, and what you can do about it.
The correspondence might be in relation to the terms of occupation, seeking to extend them, and/or to renegotiate terms. Telecoms operators have specialist teams looking after their infrastructure and are well aware of their rights under the Code. You should take advice to ensure that you are equally well-informed.
Alternatively, you may need to seek advice in relation to your own obligations in respect of any electronic communications apparatus on your land, especially if you are thinking about development or redevelopment of your land.
Be aware that lead-in times and notice periods are lengthy, and it is therefore recommended that you get advice at the earliest possible opportunity to ensure that your project is not delayed, if there will be a telecoms element to it.
The importance of seeking early advice
At Muckle, we have experience assisting land owners with telecommunications issues, whether related to redevelopment or lease agreement renewal. We can also recommend specialist surveyors to assist you with negotiations.
Early, strategic advice is important in this area, which is a rapidly developing area of law with its own complexities and knowledge of the Code is essential in order to successfully navigate the system to achieve the best possible outcome for you.
Please contact Sarah Barratt using [email protected] or 0191 211 7923 if you have any questions around telecoms equipment on your land.