Electronic Communications Code: A step closer to clarity

The intention behind the Electronic Communications Code set out in the Digital Economy Act 2017 (DEA 2017) was to re-balance the interests between telecom operators and landowners. The Court of Appeal has held that where an agreement was in place before DEA 2017 that created rights and obligations under the Landlord and Tenant Act 1954, those agreements will be respected and there is no automatic right for the operator to seek to impose Code obligations on the landowner retrospectively.  

The decision provides some clarity but it also highlights the difficulty of balancing the ever growing economic importance of connectivity against the preservation of the legal rights of landowners.