Cornerstone Telecommunications Infrastructure Ltd v University
of London [2018] UKUT 356 (LC) is the first substantial case on the
new Electronic Communications Code (the Code), which has provided
some much needed clarity for landowners and operators. The Upper
Tribunal (Lands Chamber) (UT) was asked to decide whether to impose
an agreement allowing access to a building for the purpose of
determining whether it was a suitable site for the installation of
electronic communications apparatus.
Statutory background
The Code came into force on 28 December 2017, replacing the
original telecommunications code. The Code sets out the basis on
which electronic communications operators may exercise rights
– referred to as "Code rights" - to deploy and
maintain electronic communications apparatus on, over and under
land.
