Telecom Law and Practice Conference 2020
The Electronic Communications Code contains powers for taking rights over land for the purposes of delivering telecommunications. It is generally muted that the code is exactly what the telecom industry wanted, and the legislation was passed with virtually no changes, despite substantial stakeholder proposed amendments. So why is it resulting in so many challenges, failures to agree; which is causing inertia in the roll out of the technology in the UK?
|5 October 2020||Herbert Smith Freehills LLP, London||£210||BOOK|
Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate
CPT Events and The Compulsory Purchase Association thank Herbert Smith Freehills for the use of their facilities
Some say that the operators have failed to understand the way in which the code works and that is the biggest issue in the market today. What is factual is the market is now emerging through case law.
This conference, chaired by Barry Denyer-Green, past chairman of the CPA, and co-author of 'The Electronic Communications Code and Property Law: practice and procedure' book, brings together both lawyers and surveyors to examine where the market is going. Is there any way the fractured and dysfunctional market can create a working agenda that works for landlords, operators and the roll of 5G? For these reasons this conference is vital for everyone involved in the industry to attend.
(This event has been rescheduled from April 27th due to COVID-19)
- Barry Denyer-Green Hon RICS LLM PhD, Barrister, Falcon Chambers
- Simon Webb, Head of Professional Services, Workspace Group Plc; Vice-Chair, Commercial Committee, British Property Federation
- Matthew Bonye, Partner, Herbert Smith Freehills LLP
- Kate Berry, Herbert Smith Freehills LLP
- Ric Reilly, Barrier-Busting Constultant, Infrastructure Acceleration
- Steven Knight BSc (Hons) MRICS, Head of Building Services, Cell:cm Chartered Surveyors
- Ian Thornton Kemsley, Partner, Thornton Estates
- Oliver Radley-Gardner, Barrister, Falcon Chambers
- Donald Scannell, Registrar, The Upper Chamber (Lands Chamber)
- Toby Watkin, Barrister, Landmark Chambers
- Jonathan Wills, Barrister, Landmark Chambers
Welcome and Introduction by Conference Chair, Barry Denyer-Green
A View From The Market
Issues Affecting Landlords, Tenants and Investors
- Is the code working?
- What are the problems?
Who can be Bound by a Code Right?
- Occupier, relevant persons and landowners
- An analysis of those terms
Facilitating Engagement and Collaboration to Make 5G Happen
- WM5G and Infrastructure Acceleration
- Engagement and understanding very different cultures
- Making the code work for both parties
- An evidence based standard approach to valuation under the code
- Adopting a standard template code agreement
- ECC = Engagement, Conversation, Collaboration
Factors to Consider When Hosting Telecoms on Your Land/Building
- Who/what are ICNIRP? (International Commission on Non-Ionizing Radiation Protection), where do the standards come from?
- UK Health & Safety and legislation relevant to EMF (Electromagnetic Fields)
- ICNIRP zones, Public and Occupational exposure levels, control measures and protection, preventing trespass and neighbouring land/property
- 5G evolution the physical impact on land and buildings
- Structural loads, statutory consents and nuisance
Valuation Issues - Electronic Communication Apparatus - Assessing Value and Loss
- The operators approach
- Rights sought
- Potential issues when Electronic Communications Equipment is installed
- Planning issues and obtaining vacant possession
- Blighted of land, property and rights over the land
- Quantifying and demonstrating loss of value
When The Parties Fail to Engage
Who Has Jurisdiction and Under What Circumstances?
- Jurisdictional issues - Tribunal v County Court
- What are the limitation on what the Tribunal can impose?
Procedures at Tribunal
- How are telecom cases handled
- Time scales
- Problems for the Tribunal
- Pre hearing evidence and their presentation
- How to assist and expedite cases to be heard
How The Code is Evolving Through Case Law
Questions and Debate