Electronic Communications

Code

The Electronic Communications Code (the Code) came into force on 28 December 2017 and is set out in sections 106–119 of the Communications Act 2003 (CA 2003) and the CA 2003, Sch 3A Pt 1, inserted by section 4 and Schedule 1 to the Digital Economy Act 2017 (DEA 2017). The Code replaces the previous Electronic Communications Code set out in Schedule 2 to the Telecommunications Act 1984 (TA 1984) as amended by CA 2003 (the ‘previous Code’).

The Code enables certain network operators (ie operators that are registered as being persons with powers under the Code with Ofcom: Register of persons with powers under the Electronic Communications Code) to secure rights to install and retain equipment such as masts, base stations, cables or fibre optics, together with ancillary equipment cabinets, power supplies, etc and regulates the legal relationships between landowners and operators in order to protect the physical networks of apparatus which support the provision of electronic communications.

Code—interaction with Landlord and Tenant Act 1954

The Code provides important clarification, by way of express provision under the

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