The new Electronic Communications Code: James Tipler & Paul Letman share seven key takeaways 18 months on from implementation
- The meaning and application of the new code.
- The arguments canvassed and tested on behalf of landowners and operators so far.
Since the eagerly anticipated entry into force of the new Electronic Communications Code (the code) on 28 December 2017, the Upper Tribunal (Lands Chamber) (the tribunal) has offered a wealth of insights on the meaning and application in practice of the new code in the seven references that have been decided and reported reported as at 1 June 2019, which all merit a close reading in full. This article highlights one key takeaway point from each.
1. The right to carry out a preliminary site survey and inspections—a so-called ‘multi-skilled visit’ (MSV)—is a code right: CTIL v University of London [2018] UKUT 0356 (LC)
Entry onto a potential site to assess its suitability for hosting Electronic Communications Apparatus (ECA) with the aid of persons with expertise across a range of different disciplines—the so-called ‘MSV’—is a vital first step for operators
