Telecom Best Practice: Reforms and Case Law in 2022
The Product Security and Telecommunications Infrastructure Bill is passing
through Parliament. It is likely to pass into law with few
amendments. It will impose new obligations and responsibilities on site
providers and intends to give greater certainty to telecom operators to speed
up the roll out of 5G. What are the details, how does it reset site provider
and operator relationships and what do consultants working for one side or the
other need to know?
Start Date | Venue | Price | |
---|---|---|---|
16 June 2022 | Virtual Seminar |
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
Download and print your full course brochure here not available
The professions, the government, and various codes connected to landlord and tenant behaviours promotes good and effective communication that creates trust, understanding and minimise conflict. Yet those words are rarely used in the world of telecom agreements, between site providers and operators!
The Bill will introduce changes to the measure of rent in those cases where agreements subject to the Code are coincidentally protected tenancies under the Landlord and Tenant Act 1954. The Bill contains provisions for dealing with unresponsive occupiers, arrangements for ADR, and complaints relating to the conduct of operators. The Bill contains powers to impose time limits on the determination of proceedings. In the case of telecom agreements, the Code, and the powers to confer, compulsorily, agreements containing code rights, already causes a serious imbalance in negotiating strengths., This creates an all-powerful operator and an often unmotivated, unwilling, or potentially an antagonistic site provider who receives little of no benefits for the location and access rights to their property. At best, relationships are strained, at worst, both parties end up in Tribunal; and the number of cases that have had to be resolved demonstrate a profoundly unsatisfactory Code.
Some questions arise. Does the new legislation;
- Give more power to the operators to get agreements without the delay and costs of going to Tribunal?
- What tools will site providers (and occupiers) have to resist the operators?
- What happens to the body of case law?
The first part of this event will focus on the changes to the Code under the provisions in the Bill, and how they will impact on site providers. How does this translate to those advising site providers and those negotiating on their behalf?
The second part of the event will review the latest case law. There have been two Supreme Court, and numerous Tribunal decisions. Many of these are far reaching in their effect in how the Code operates, whether or not the Bill is enacted.
Speakers
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Michael Smith, Partner, Pinsent Masons LLP
- Ian Thornton-Kemsley, Consultant, Strutt & Parker, Partner, Thornton Estates
- Jonathan Stott MRICS, Group Managing Director, Ardent
- Oliver Radley-Gardner KC, Barrister, Falcon Chambers
Programme
Welcome and Introduction by Conference Chair, Barry Denyer-Green
New Legislation
A Dissection of the Product Security and Telecommunications Infrastructure Bill
A Commentary from a Site Provider's Consultant
A Commentary from an Operator's Consultant
Panel Discussion
Case Law
Case Law Review, including:
- EE Limited (1) Hutchison
3G UK Limited (2) v Richard Morriss (1) David Holroyd Tayler (2)
Pippingford Estate Co. Limited (3) ([2022] EW Misc 1 (CC))
- EE Limited and Hutchison 3G UK Limited v
Affinity Water Limited [2022] UKUT 8 (LC)
- Cornerstone
Telecommunications Infrastructure Ltd (Appellant) v Ashloch Ltd and
another (Respondents) SC Case ID: 2021/0051
Is There a Way to Improve Relations?
Panel Discussion and Audience Question & Answer