2017 Electronic Communications Code: overview

by Practical Law Property

A practice note that provides an overview of the key provisions of the 2017 Electronic Communications Code (Code), which was inserted into the Communications Act 2003 (CA 2003) by the Digital Economy Act 2017 (DEA 2017). This practice note explores the statutory framework governing the rights of telecommunications operators to install and maintain electronic communications apparatus (ECA). It discusses the methods for acquiring Code rights, whether by written agreement with a site provider or through a court-imposed order, and details the rules on the assignment, upgrading, and sharing of apparatus. The note also examines the critical procedures for the termination and renewal of Code agreements, highlighting the transitional provisions applicable to subsisting agreements made under the former 1984 Code and their important relationship with the Landlord and Tenant Act 1954 (LTA 1954). Further, this practice note addresses the process for requiring the removal of apparatus and the impact of amending legislation, including the Product Security and Telecommunications Infrastructure Act 2022 (PSTIA 2022). For guidance on common questions arising from Code agreements entered into after 28 December 2017, see Practice note, 2017 Electronic Communications Code: common issues for property practitioners.