“Telecommunication system” means a system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electromagnetic energy.

Property Disputes analysis: In a wide-ranging and interesting review of various creative arguments seeking to establish grounds for opposing the renewal of a subsisting code agreement under paragraphs 31(4) (a), (c) and (d) of the Electronic Communications Code (‘Code’), the Upper Tribunal (‘UT’) held that the grounds were not proven. This update focuses on grounds 31(4) (c) and (d), namely having an intention to redevelop, and the paragraph 21 public benefit test. Written by David Jones and Mark Barley, associate and partner at Womble Bond Dickinson.

This Practice Note provides a snapshot of the Telecommunications and Digital Regulatory

“Telecommunications operator” means a person who— (a) offers or provides a telecommunications service to persons in the United Kingdom, or (b) controls or provides a telecommunication system which is (wholly or partly)— (i) in the United Kingdom, or (ii) controlled from the United Kingdom.

“Telecommunications service” means any service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by the person providing the service).

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and highlights drafting points and due diligence where a property may be subject to telecommunications leases under the previous Code), but the contents remain relevant for the purposes of the transitional provisions set out in the new Code. It is not maintained and is for background information purposes only. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) came into force on 28 December 2017. The transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, provide that while subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) will continue to have effect as an agreement under the new Code, this is subject to modifications, including in relation to termination in respect of certain subsisting agreements. The transitional

STOP PRESS: On 14 July 2026, the government issued the Revised Telecommunications Security Code of Practice (version 1.1) under sections 105E and 105F of the Communications Act 2003. This Practice Note is in the process of being updated to reflect the revised code of practice. See: LNB News 14/07/2026 45. This Practice Note sets out practical guidance on the security obligations relevant to communications providers in the UK. This includes guidance on: the Telecommunications (Security) Act 2021 (T(S)A 2021); secondary legislation including the Electronic Communications (Security Measures) Regulations 2022 (Security Regulations), SI 2022/933; and, the Telecommunications Security Code of Practice. Guidance on Ofcom’s role in enforcing the security obligations is also included. For more information generally on the UK’s regulatory landscape, see Practice Note: The UK regulatory framework for telecommunications. Background and legislative framework T(S)A 2021 provides the mechanism for the telecoms security framework in the UK. Under T(S)A 2021, the government has powers to make regulations placing specific security obligations on the providers of public electronic communications networks

This Practice Note is an introductory at-a-glance guide to the fixed line telecoms industry for commercial lawyers. Fixed lines The definition of ‘electronic communications network’ in section 32(1) of the Communications Act 2003 states: '(1) In this Act 'electronic communications network' means— (a) a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and (b) such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals— (i) apparatus comprised in the system; (ii) apparatus used for the switching or routing of the signals; and (iii) software and stored data, and (iv) (except for the purposes of sections 125 to 127) other resources, including network elements which are not active.' For fixed lines, this means either electrical energy in standard conducting cables, or wires and electro-magnetic energy for coaxial cables, which can be considered to be a form of waveguide, or light photons for the

Mobile networks This Practice Note provides an introductory at-a-glance guide to the wireless telecoms industry for commercial lawyers. Mobile electronic communications networks are often known as cellular networks. This is because they are made up of a tessellation of cells, designed so that the network can use its allocated frequency spectrum in the most efficient way possible. A cell is defined as the area of coverage of a base station (BS), with adjacent cells using different frequencies to minimise channel interference. Cells in rural areas cover a larger area than in built-up areas, where more capacity is required. GSM networks Global System for Mobile communications (GSM—this is a backronym, as technically GSM is the Groupe Spécial Mobile) is the most ubiquitous network standard. GSM is known as 2G (second generation, the first being analogue mobile networks). 2G continues to develop from the system first deployed in 1991, with the introduction of packet data capability standard, General Packet Radio Service (GPRS) in 1997 (hence 2.5G) and with enhanced packet

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 27 March 2014; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger investigation into the anticipated acquisition by Telefonaktiebolaget LM Ericsson of Red Bee Media (owned by Creative Broadcast Services). Latest developments The CC cleared the transaction unconditionally on 27 March 2014. This follows the provisional findings which were issued on 27 February 2014, provisionally clearing the merger. One member of the CC panel had dissented with the provisional findings, believing that the merger may lead to competitive harm in relation to the BBC. However, there is no mention of a dissent in relation to the final decision. Parties Telefonaktiebolaget LM Ericsson (Ericsson) and Red Bee Media (RBM). Ericsson is a leading provider of telecommunications equipment and services to mobile and fixed network operators. It acquired Technicolour Broadcast Services, which provides broadcast chain services including television playout, in 2012.RBM is one of the leading suppliers of television playout services and broadcast

CASE HUB (third party appeals against rejection of complaint to Commission alleging non-compliance with commitments in Cases T- 305/15 Airdata v Commission, T- 307/15 1&1 Telecom v Commission, T- 43/16 1&1 Telecom v Commission and T- 885/16 Mass Response Service v Commission–see Cases T- 43/16, T- 884/16, and T- 885/16 1&1 Telecom v Commission et al—third party appeals against remedy implementation in Telefónica Deutschland/E-Plus [Archived]) ARCHIVED–this archived case hub reflects the position at the date of the decision of 2 July 2014; it is no longer maintained. See further, timeline, commentary and related/relevant cases. Case facts Outline European Commission merger investigation into the planned acquisition by Telefonica Deutschland of E-plus (Case M.7018).The transaction involves horizontal overlaps in the mobile telecommunications market in Germany, where the parties are two of the four operators. Latest development The Commission cleared the transaction subject to commitments on 2 July 2014. The commitments accepted are in three parts: (1) to sell before the acquisition is completed up to 30% of the merged company's network capacity to up to three MVNOs in Germany at fixed payments—this

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 4 September 2012; it is no longer maintained. See further, timeline and related cases. Case facts Outline European Commission merger investigation into a joint venture between Telefonica UK, Vodafone UK and Everything Everywhere (Case M.6314). The Commission cleared the merger unconditionally on 04/09/2012. Parties Telefonica UK, Vodafone UK and Everything Everywhere, the three largest mobile network operators (MNOs) in the UK. Telefonica UK owns the O2 MNO in the UK, as well as fixed telephone and broadband services. It is owned by the Spanish Telefonica group that offers fixed and mobile telephone services throughout the EU and in Latin America. Vodafone UK is a UK-based MNO, as well offering as fixed telephone