Electronic Communications Code

Applicants for rights over land under the Electronic Communications Code should investigate who occupies the land before raising proceedings, otherwise they risk causing unnecessary expense by directing the proceedings against the wrong party, the Lands Tribunal for Scotland held on 20 November in N

The ‘new’ Electronic Communications Code came into force at the end of 2017. It is a schedule to the Communications Act 2003. It governs telecoms masts and other ‘electronic communications apparatus’; specifically, relations between their operators and the owners or tenants o

The Lands Tribunal for Scotland has issued the first judgment on either side of the border about the requirements for the validity notices served under the new version of Electronic Communications Code in the Communications Act 2003. The new code took effect at the start of 2018. The case concerned

A new Electronic Communications Code judgment is another wolf placed among the yearling sheep as far as mobile phone operators are concerned, writes Michael Upton. The Digital Economy Act 2017 amended the Communications Act 2003, so that from the end of 2017 the new Electronic Communications Code re

At the end of 2017 the new Electronic Communications Code (enacted by the Digital Economy Act 2017, amending the Communications Act 2003) replaced the old 1984 Telecommunications Code. After two-and-a-half years, the new code is producing a steady flow of decisions, throwing some much-needed light o

Advocate Michael Upton, M.C.I.Arb., of Hastie Stable, summarises two recent cases on the new Electronics Communications Code. Relations between landlords and telecoms operators in respect of the installation and maintenance of electronic communications apparatus on land and buildings are in importan

Advocate Michael Upton M.C.I.Arb, of Hastie Stable, examines the first rent valuation case under the Electronic Communications Code. Relations between landlords and telecoms operators in respect of the installation and maintenance of electronic communications apparatus (ECA) on land and buildin