The Electronic Communications Code: A Consultation Paper
Consultation Paper No 205
- Law Commission
- TSO (The Stationery Office)
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; 'Electronic Communications Code: A Consultation Paper' discusses the current law and sets out a number of provisional proposals and options for reform.
Provisions of the Code 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; and
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.
|Format||Paperback||Published||12 Jul 2012|
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