New Electronic Communications Code—Code rights
New Electronic Communications Code—Code rights

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • New Electronic Communications Code—Code rights
  • The new Code
  • Defined terms
  • Comparison of provisions in relation to Code rights in previous Code and new Code
  • Who is a Code operator? (Part 1)
  • What are Code rights? (Part 1)
  • How do Code rights arise and who do they bind—agreements under Part 2 (Part 2)
  • Ofcom’s standard terms
  • Power to assign code rights and upgrade and/or share apparatus (Part 3)
  • Assignment, sharing and upgrading—anti-avoidance provisions
  • More...

The new Code

This Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement imposed by court order, anti-avoidance provisions as to assigning, sharing and upgrading, and how consideration and any compensation is determined. For information in respect of how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices, see Practice Note: New Electronic Communications Code—terminating and modifying Code rights.

The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Pt 1 of the Communications Act 2003 (CA 2003), inserted by section 4 and Schedule 1 of the Digital Economy Act 2017 (DEA 2017). The new Code replaces the previous Electronic Communications Code, set out in Schedule 2 of the Telecommunications Act 1984 (TA 1984) as amended by the CA 2003 (the ‘previous Code’).

While the provisions of the new Code are not retrospective, in practice, the contents of the transitional provisions will mean that a number of the provisions in the new Code will apply to any subsisting agreements (ie any agreement for the purposes of paragraph 2 or 3 of the previous Code or an order made pursuant to paragraph 5 of the previous Code which is continuing when the new

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