- Operators granted interim MSV Code rights at critical national infrastructure building in London (EE Ltd v London Underground)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: The Upper Tribunal (UT) has handed down judgment in a case dealing with interim rights of access for operators under paragraph 26 of the Electronic Communications Code (the Code). Despite concerns raised by the site provider, London Underground Ltd, regarding security and the integrity of critical national infrastructure, an order was granted in favour of EE Ltd and Hutchinson 3G Ltd, allowing them to undertake a multi-skilled visit (MSV) at a high security building in Central London. The decision has implications for site providers facing requests from operators for interim access Code rights to assess the suitability of the site for telecommunications apparatus and highlights that even concerns that may ultimately prevent the grant of permanent rights will not necessarily prevent an MSV taking place.
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