We published a Consultation Paper on the Electronic Communications Code on 28 June 2012.
The Code sets out the regime that governs the rights of electronic communications operators to install and maintain infrastructure on public and private land. In our Consultation Paper we discuss the current law and set out a number of provisional proposals and options for reform on which we invite consultees’ views.
Our Consultation Paper considers all the main provisions of the current Code. 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. Our focus is on the law in England and Wales, but we are conducting this project in consultation with the Scottish and Northern Irish Law Commissions. We will comment in our Report on any issues of law raised with us that are specific to those jurisdictions.
Information on how to respond by email or post can be found at the beginning of the Consultation Paper.
This consultation relates to our Electronic Communications Code project.
Reference number: LCCP205