The Electronic Communications Code for Landowners in Scotland

Introduction

The Electronic Communications Code was introduced in 2017 with the aim of facilitating the rapid rollout of superfast broadband and 4G and 5G mobile networks. Operators' powers were greatly enhanced, and a new valuation regime heralded a reduction in site costs/rents for operators.

Since its introduction, there has been a flurry of litigation on the workings of the new Code and further reform is on the agenda, with the Product Security and Telecommunications Infrastructure Bill working its way through Parliament, to address a number of problem areas identified with the Code.

This virtual classroom seminar will provide an overview of the Code focusing on the key provisions from a landowner's perspective, analyse the evolving body of case law and provide practical tips on negotiating terms with operators. We will also look at recent and upcoming reforms.

What You Will Learn

This live and interactive session will cover the following:

• An overview of the Code and key concepts:
• General regime/specific regimes
• Code rights
• Electronic communications apparatus
• Requirement for ‘agreement’
• Transitional provisions and subsisting agreements
• Assignation (and Code guarantees)
• Upgrading and sharing
• Powers and procedure for compulsory acquisition of Code rights:
• Permanent rights
• Interim rights
• Temporary rights
• Consideration, compensation, and the new Code valuation regime
• Termination, modification, and renewal of Code agreements
• Removal of apparatus
• Practical considerations and negotiation of Code agreements
• Recent and key court decisions & the divergence north and south of the border
• Recent reforms - the Telecommunications Infrastructure (Leasehold Property) Act 2021 and the extension of PDR for telecoms
• Further reforms - how will the Product Security and Telecommunications Infrastructure Bill change the position?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.