The Telecoms Code – A New Human Right?

The first substantive decision under the new Electronic Communications Code (the 'Code') was given by the Upper Tribunal on 30 October 2018 and it's not good news for landowners. This judgment confirms that any ambiguity in the Code's wording will be resolved firmly in favour of operators delivering electronic communications.

We now live in an age where it is assumed that it is in the public interest to have a choice of high quality electronic communications services – amusingly referred to by the claimant's counsel as the 'human right of mobile telephony'.

The case was a stark warning for landowners that Code agreements don't only come about between willing parties – the Tribunal may impose agreements by which unwilling landowners may be compelled to grant Code rights to operators.