Status: We started work on this project in September 2011. We expect to publish a Consultation Paper in late June 2012. A Report with recommendations to Government (but no draft Bill) will be published in spring 2013
The Electronic Communications Code sets out the regime that governs the rights of telecommunication providers to maintain infrastructure on public and private land. Often, the rights to access private land are agreed with the landowner. However, where this does not happen, the provider has the power to apply to the court for an order to dispense with the need for agreement; where the court does this, it can make a financial award in favour of the landowner. The Code is an instrumental tool in delivering broadband networks to the furthest reaches of the UK.
The project
This project is a general review of the Code as it applies to England and Wales and will examine whether the Code remains fit for purpose. The current drafting of the Code has been criticised by the courts and practitioners as being unclear and inaccessible. The project will aim to identify, and provide recommendations to overcome, these problems so as to provide a more transparent and user-friendly system.
The project will also consider the means by which disputes are resolved, with a view to offering a proportionate and efficient process delivering timely outcomes. It will consider the interaction between the Code and other statutory regimes.
Next steps
The Law Commission's work will culminate in recommendations being made to Government that will inform Government's wider review of the Communications Act 2003.
