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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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The Electronic Communications Code and Property Law: Practice and Procedure


ISBN13: 9781138543126
To be Published: September 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £180.00



Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive Governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code, by which their rights and obligations have been regulated.

This book describes the problems that accompanied the old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the new Code. The eminent team of authors explain the background, provisions and operation of the current Code and the new one, providing practical and jargon free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions.

Subjects:
Information Technology Law, Property Law, Telecommunications Law
Contents:
I Introduction
Introduction
Legislative history
Electronic Communications Code (2017) overview
The European dimension

II Telecommunications Code 2003
Old Code: General and Special Regime Overview
Operators Under the Old Code
Old Code General Regime
Old Code General Regime: Financial Provisions
Old Code Special Regimes
Alteration and Removal of Apparatus under Paragraph 20
Removal of Apparatus under Paragraph 21
Abandonment of Apparatus
Sundry Matters under the Old Code

III Electronic Communications Code 2017
Overview, key concepts, conferment of statutory rights, role of Landlord and Tenant
What are Code Rights?
Who may confer Code Rights?
To whom may Code Rights be granted?
Over what may Code Rights be granted?
The Agreement Conferring Code Rights
Assignment, upgrading and Sharing apparatus
Imposition of agreements
Termination of Code Agreements
Modification of Code Agreements
Rights to require removal
The New Code and the 1954 Act
Transport Land Rights
Street works, Tidal Water rights and Undertaker’s works
Overhead and flying lines, objections
Trees and Vegetation
Consideration and Compensation under the New Code

IV Matters Common to Both Codes
Transitional Provisions
Notices
Dispute Resolution Procedure
Code avoidance
Electronic Communications and planning
Electronic Communications and Compulsory purchase and entry for exploratory purposes
Electronic Communications and rating
Electronic Communications and land registration
Electronic Communications and Competition Law
The position in Scotland
The role of OFCOM

V Drafting
Drafting Considerations for Code Agreements

VI The Annotated New Code

VII Appendices
A 2003 Code and bits of 1984 and 2003 Act
B 2017 Code and bits of 2017 Act
C Telecommunications Infrastructure (Relief from Non-Domestic Rates) Act 2018
D SIs (see below)
E OFCOM Code of Practice
F OFCOM Template Notices
G OFCOM Standard Terms