Stephanie Tozer & Toby Boncey provide a master class in litigation under the new Electronic Communications Code
- Types of claim which may arise under the new code.
- The power to impose an agreement on a landowner without his consent.
On 28 December 2017, a new Electronic Communications Code, which can be found in Schedule 1 of the Digital Economy Act 2017, came into force. In simple terms, its purpose was to make it easier for operators to acquire and retain rights to use land needed to enable them to provide comprehensive networks. The operators to whom the code applies are listed on the Ofcom website. Most of them run telephone networks and/or provide broadband internet access.
A number of types of claim may arise under the code. This article focuses on two of the most significant types of litigation under the code which are likely to arise in the near future:
- litigation about apparatus which has been in situ since before 28 December 2017; and
- new agreements: the power to impose an agreement on a landowner without his consent.
