The Electronic Communications Code (schedule 2 to the
Telecommunications Act 1984) sets out the regime that governs the
rights of electronic communications operators to install and
maintain infrastructure on public and private land. The Code
strikes a balance between the rights and interests of landowners
and network operators. This consultation paper discusses the
current law and set out a number of provisional proposals and
options for reform. The paper considers all the main provisions of
the current Code and areas highlighted for potential reform
include: the rights of operators and landowners under the Code, and
the position of third parties; operators' obligations under the
Code and related regulations; the test applied to determine whether
code rights are granted to an operator where a landowner objects;
the measure of the financial award to be paid to the landowner
where an operator is granted code rights; the appropriate forum for
the resolution of disputes, and other procedural issues; the
interaction between the Code and other statutory regimes. The Code
applies throughout the UK. The Commission's focus is on the law in
England and Wales, but the project is being conducted in
consultation with the Scottish and Northern Irish Law Commissions.
General
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