The Electronic Communications Code (Code) places rights and responsibilities on operators, occupiers, site providers and landowners across the UK, in relation to the provision of electronic communications services, both fixed-line (broadband) and wireless (mobile phones) technologies.
Paragraph 39 of the Code requires an operator to disclose where electronic communications apparatus (ECA) is and by reference to what Code agreement it is in situ.
This provision is triggered by notice (in accordance with paragraph 39(1) and (2) of the Code), in which:
- A landowner may require an operator to disclose whether the operator owns ECA on, under or over land in which the landowner has an interest or uses such ECA for the purposes of the operator's network; or, the operator has the benefit of a Code right entitling the operator to keep ECA on, under or over land in which the landowner has an interest.
- A landowner or occupier of neighbouring land may require an operator to disclose whether the operator owns ECA on, under or over land that forms (or, but for the apparatus, would form) a means of access to the neighbouring land, or uses such apparatus for the purposes of the operator's network; or, the operator has the benefit of a Code right entitling the operator to keep ECA on, under or over land that forms (or, but for the apparatus, would form) a means of access to the neighbouring land.
Where an operator fails to comply with the landowner or occupier request, within the required statutory timeframe of three months, a power arises to force removal of the ECA and the operator to bear responsibility for all the costs of enforcement.
For operators with legacy apparatus in situ or where schemes have been added to over the years, it is imperative that a good audit trail of locations and agreements is held and maintained.
If you are an operator, occupier, infrastructure provider or landowner dealing with telecoms infrastructure and agreements, or you have any concerns or questions about the impact these issues may have on you or your business, please do not hesitate to get in touch with our Telecoms Team or your usual Brodies' contact.
