The telecommunications sector is highly regulated, the law is complex and property-related issues are common.

At Luscombe Gray, we have extensive experience in this area. Our specialist knowledge allows us to offer practical and effective legal assistance to clients in relation to the following:

  • The interpretation of the New Electronic Communications Code
  • Agreeing terms for telecoms operators to install and use telecommunications equipment
  • Service of break notices
  • Proceedings for the removal of telecommunications equipment
  • Renewal of existing agreements
  • Site sharing
  • Access disputes
  • Consent for alterations
  • Disrepair issues
  • Rent reviews
  • Rent arrears
  • Real property disputes

Our solutions are formed from a real-world context, not just abstract legal problem-solving. The interests of your business are placed at the centre of what we do.

Needless aggression is often counter-productive, leading to entrenched positions, protracted arguments, and financial harm. Luscombe Gray does things differently. We strongly believe in taking a commercially-prudent approach to disputes, enforcing and protecting your rights, and recognising when conciliation and mediation are ideally suited to meeting the objectives of your business. If you would like to discuss how Luscombe Gray can help your business, please do not hesitate to contact us.

The New Telecoms Code

The New Electronic Communications Code came into force on 28 December 2017 (“the New Code”), replacing the previous Electronic Communications Code. It has brought sweeping changes to the relationship between landowners and telecoms operators.

It is now very difficult for landowners to refuse to grant New Code agreements to operators. If terms cannot be agreed consensually between a landowner and an operator, then the operator can apply to the Upper Tribunal to decide whether an agreement should be granted and, if so, the relevant terms.

An operator needs to establish that, if an agreement is granted, any prejudice to the landowner is outweighed by the public benefit and that this prejudice can be compensated financially. In reality, the only way a landowner can oppose a New Code agreement is where the landowner is intending to redevelop their land and the installation of telecommunications equipment would prohibit this.

The New Code has changed the way that operators pay landowners to allow the installation and use of telecommunications equipment on their land. Rent has been replaced by consideration and compensation, with landowners likely to receive a much lower payment. Operators also have much wider rights in terms of upgrading, sharing and assigning telecommunications equipment.

The New Code also contains complex transitional provisions which set out how “subsisting agreements” (agreements which were in place when the New Code came into force and which satisfy certain requirements) are to be treated, and the procedure that must be followed to terminate them.

Navigating this relatively new legal landscape can be difficult, and specialist advice is essential for securing full commercial advantage of the New Code, whilst ensuring the Code’s provisions do not impede your business objectives.

Luscombe Gray has the experience and knowledge to assist you in all aspects of the New Code, including dispute resolution. Our advice can help you to avoid unnecessary disputes and, where matters escalate, we can guide you through proceedings in the Upper Tribunal as painlessly and seamlessly as possible.

Instructing Luscombe Gray

Luscombe Gray is a boutique commercial and property litigation firm, providing a tailor-made service to each of our clients.

We believe first-class commercial legal support should be available to all. Whatever the size of your business, we are more than willing to provide our services and put our specialist skill and knowledge at your disposal.

Your case will be handled by Chris Luscombe personally, so you can be certain that your business will be able to call upon the expertise of an experienced commercial and property litigation solicitor. Throughout his career, Chris has helped a wide range of businesses with their commercial property disputes, from small businesses, to national pub companies, and multi-national telecoms giants.

Luscombe Gray is based in the heart of Yorkshire, in Harrogate, with the reach to assist clients across the country.

If you need legal support regarding telecommunications and phone masts, contact Luscombe Gray for clear, ethical, expert advice.

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