Geoffrey Caesar, Solicitor

If you own land and a network operator approaches you with a proposal to install equipment on your property, you may wonder what your rights and obligations are. You may also want to know how to negotiate the best deal for yourself and avoid potential pitfalls.

In this blog post, I will explain what Code powers are, how they affect landowners, and how you can protect your interests and reach a fair agreement with a network operator.

What are Code powers?

Code powers are rights and duties granted to certain network operators by the government under the Electronic Communications Code (the Code). The Code is part of the Communications Act 2003, regulating the relationship between network operators and landowners.

The Code allows network operators to:

• Install and maintain electronic communications apparatus (such as cables, masts, and antennas) on, under or over land.
• Enter land to inspect, repair or upgrade apparatus.
• Cut or lop trees or vegetation that interfere with apparatus.
• Share or assign apparatus with other network operators.
• Upgrade or alter apparatus without the landowner’s consent.

The Code also imposes some obligations on network operators, such as:

• Paying compensation to landowners for any loss or damage caused by the exercise of Code powers.
• Giving notice to landowners before entering or carrying out works on their land.
• Restoring land to its original condition after works are completed.
• Complying with health and safety and environmental regulations.

The Code aims to balance the interests of network operators and landowners and promote the development of electronic communications networks and services for the benefit of the public.

How do Code powers affect landowners?

If you are a landowner and a network operator wants to install apparatus on your land using Code powers, you have two options:

• You can agree to grant the network operator a voluntary agreement, such as a lease or a licence, that sets out the terms and conditions of the use of your land.
• You can refuse to grant the network operator any agreement, in which case the network operator can apply to the Upper Tribunal (Lands Chamber) for an order imposing a compulsory agreement on you.

A voluntary agreement is preferable for both parties, as it gives them more flexibility and control over the terms of the arrangement. A voluntary agreement can also include provisions not covered by the Code, such as rent, duration, termination, and indemnity.

A compulsory agreement is a last resort option for network operators who cannot reach a voluntary agreement with landowners. The Tribunal imposes a mandatory agreement after considering various factors, such as:

• The public interest in having access to electronic communications services.
• The prejudice to the landowner’s rights and enjoyment of their land.
• The availability of alternative sites for the apparatus.
• The terms and conditions that would have been agreed between willing parties.

A compulsory agreement can only include necessary and proportionate provisions for exercising Code powers. A compulsory agreement cannot include rent but only compensation for any loss or damage caused by the apparatus.

How can I negotiate with a network operator who wants to install apparatus on my land using Code powers?

If you are approached by a network operator who wants to install apparatus on your land using Code powers, you should:

• Seek professional advice from a solicitor or a surveyor who specialises in telecoms matters.
• Check if the network operator has valid Code powers by asking for their Ofcom licence or certificate.
• Ask for details of the proposed apparatus, such as its location, size, appearance, and function.
• Ask for the details of the proposed agreement, duration, rent, and termination.
• Negotiate the terms and conditions of the agreement that suit your needs and expectations
• Consider any potential impacts of the apparatus on your land, such as visual amenity, access, and interference.
• Consider any potential benefits of the apparatus on your land, such as improved connectivity and income generation.
• Be aware of your rights and obligations under the Code and under any agreement you enter into.

By following these steps, you can ensure that you make an informed decision and reach a fair and mutually beneficial agreement with the network operator.

Engaging a solicitor

I have specialised in telecommunications for many years alongside my wider solicitor’s practice. I can help you get the best deal and review and negotiate any terms a network operator sends you to protect your best interests. Please use the enquiry form on gcaesar.com to get in touch.