Promoting and enhancing best practice and technical expertise

Telecom: Law and Practice in 2021 - Session 2

Applying Case Law to Practice

Telecom negotiations cannot be achieved without understanding the new Code and the case law. A panel of leading lawyers and practitioners will review important and topical cases and explore the nuances of what is best and effective practice in the light of these decisions.

Module Duration: 1 hours 41 minutes

Recorded: 16/03/21

Areas covered

Welcome & Introduction from the Event Chair - Barry Denyer-Green

Valuation Methodology 

Lead: Oliver Radley-Gardner PanelIan Thornton-KemsleyColin Cottage 

The most important cases on the assessment of consideration and compensation will be cited to establish the following:

  • Is this the end of old code valuation principles?
  • Are the valuation principles now established? What are they?
  • Establishing what is reasonable in your case
  • Is there now a new approach to negotiations?  

How to Permanently Remove a Mast to Enable Re-Development  

Leads: Matthew BonyeFrances EdwardsJulia TobbellGraeme Robertson

  • What if the land or building owner is seeking to re-develop? How do you seek to avoid a mask being installed or if already there, how do you get the mast removed?
  • What is the likelihood of an operator agreeing to vacate willingly, or must the Upper Tribunal be involved? 
  • Might a deal be done for temporary occupation whilst redevelopment plans are prepared?
  • How advanced must a scheme be before a code right is withdrawn?
  • How long will an operator be allowed to remove their kit
  • If an operator fails to remove all their kit, are they trespassing? What powers does the landlord have to remove any unremoved fixtures?
  • Can the existence of a mast inhibit development of adjoining land? Can that landowner seek compensation, or demand the removal of a mask?