Telecommunications

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Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Practice notes

The commercialisation of sport

Sport has become a big business. It is now widely recognised not only as a pastime or recreation but as an industry in its own right. However, as a...

Produced in partnership with Craig Giles of Bird & Bird 9th Nov

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 9th Nov

In-house

Practice notes

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Produced in partnership with 5RB 9th Nov

In-house

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 9th Nov

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 9th Nov

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

9th Nov

Practice notes

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 9th Nov

Practice notes

Preparing a UDRP complaint—before you start

This Practice Note covers the considerations to be taken into account before drafting a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Telecommunications content

Practice notes

Brexit—cybersecurity

This Practice Note explores the effect of Brexit on UK cybersecurity with a particular focus on the network and information systems legislation. It...

2nd Dec

Brexit

Practice notes

The Network and Information Systems Regulations 2018

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

30th Nov

Practice notes

ePrivacy Regulation—timeline

This timeline sets out key dates and information relating to the draft ePrivacy Regulation as it progresses through the EU legislative procedure. It...

30th Nov

Q&As

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Part 1 of the...

29th Nov

Q&As

An operator is a tenant under a lease. The lease is protected by the 1954 Act and the Electronic Communications Code. The operator had an unconditional break option in the lease and served notice to terminate the lease. The operator failed to vacate (ie remove the electronic apparatus) on the break date and wants to remain on the property. Rent was paid for a full year (so part of the rent relates to a period after the break date) after the break notice was served, but before the break date. What are the operator's options?

Was the break option effective?If the full year’s rent paid prior to the break date was paid in accordance with the terms and obligations of the...

29th Nov

Q&As

Can the provisions of section 20 of the Telecommunications Act 1984 be contracted out of, and if so, is there a standard clause for this?

The Electronic Communications Code (the Code) appears in Schedule 2 of the Telecommunications Act 1984. The Code provides that a right to require the...

29th Nov

Q&As

What conditions have to be met when a landlord requires telecommunications equipment to be relocated?

An owner of land on which the apparatus is situated can serve a notice under the Code on the operator.Where the operator then serves a counter-notice...

29th Nov

Q&As

Is there a prescribed form of notice to be served by landowners on operators under paragraphs 20 and 21 of the Electronic Communications Code? Do you have any precedents?

Is there a prescribed form of notice to be served by landowners?The Electronic Communications Code (the 'Code') provides that a right to require the...

29th Nov

Q&As

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B, A's neighbour, is planning to redevelop its land. The redevelopment will affect the operator's network both during and after construction. B has not served a paragraph 20 notice on the operator. What steps can the operator take to avoid interruption to its network? Can the operator claim its costs of relocation from B?

Does Landowner B have to serve a paragraph 20 notice?In the event that Landowner B needs the operator’s equipment to be physically moved from its...

29th Nov

Q&As

A telecommunications operator’s lease of a rooftop site was terminated on forfeiture of a headlease. The freeholder then served a paragraph 21 notice under the Electronic Communications Code, and the operator served a counter notice. The freeholder has issued possession proceedings which have been listed for hearing. The operator intends to serve a paragraph 5 notice before the hearing and seek further directions in that regard. Should the proceedings be treated as a possession claim under CPR Part 55 and accordingly does the operator need to file a defence within 14 days?

It is assumed that there is a headlease which has been forfeited, and that any sub-leases under this lease have also come to an end. The Electronics...

29th Nov

Practice notes

Previous Electronic Communications Code—differences between the ‘general’ and ‘special’ regimes [Archived]

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and covers the...

29th Nov

Practice notes

Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and highlights...

29th Nov

Practice notes

New Electronic Communications Code—Code rights

The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...

29th Nov

Practice notes

Previous Electronic Communications Code [Archived]

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (providing...

29th Nov

Practice notes

Planning issues in telecommunications

Permitted development rights for telecommunication developmentCertain forms of telecommunication development, eg mobile telephone masts, are permitted...

29th Nov

Practice notes

New Electronic Communications Code—terminating and modifying Code rights

The new CodeThis Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For...

29th Nov

Precedents

Interconnection agreement

This Agreement is made on [insert date].Parties1[insert name] a company incorporated in [England and Wales] under number [insert registered number]...

Produced in partnership with Purvi Parekh of Anakiya Consulting 29th Nov

Precedents

Wi-fi services agreement

This Agreement is made on [insert date] (the Commencement Date) between the following parties:Parties1[insert supplier’s name] a company incorporated...

29th Nov

Precedents

Precedent notices under the previous Electronic Communications Code [Archived]

ARCHIVED: This archived Precedent is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and provides...

29th Nov

Precedents

Lease of a rooftop area to a telecommunications operator—previous code

STOP PRESS: THE NEW CODE CAME INTO FORCE ON 28 DECEMBER 2017. THIS PRECEDENT IS DRAFTED IN THE CONTEXT OF THE PREVIOUS CODE, BUT THE CONTENTS REMAIN...

29th Nov