When the new Electronic Communications Code (ECC) first came into force on 28 December 2017 the Government hoped it would facilitate the faster roll-out of telecoms networks, leading to the UK being a world leader in terms of digital connectivity and 5G coverage. The reality has been quite the opposite. Gateley are here to advise across telecoms infrastructure, finding commercially viable solutions to some of the industry’s key issues.
The primary reason for the bottleneck? The introduction in the ECC of a no-network assumption and a no-scarcity assumption to the assessment of rent (i.e. consideration and compensation), resulting in an impasse between operators - keen to benefit from the clear intention of the ECC to reduce the level of rent they are paying - and site providers, unsurprisingly seeking means of clinging on to the rents they have grown accustomed to, or at least something as close as possible to that.
What do our telecoms infrastructure services include?
Our surveying and legal experts are specialist advisers on telecoms services, advising across two key areas of telecoms infrastructure, and helping clients find pragmatic and commercial solutions to their property transactions and disputes.
- the application of the ECC and the Telecommunications Act 1984;
- the valuation of telecoms rights under the new ECC, including acting as Expert Witness;
- uncontested and contested lease renewals;
- access issues to property, land, telephone exchanges and apparatus;
- trespass by travellers and neighbours.
In addition, our surveyors within Gateley Hamer are regularly instructed to act as expert valuer, supporting clients through their cases with the Upper Tribunal (Lands Chamber) as they attempt to seek clarity as to what is considered to be the appropriate approach to assessing consideration in relation to valuations under the ECC.
- land referencing to support new site identification and renewals;
- real estate and planning advice to support deployment for both existing and new sites;
- land acquisition negotiations.
Who do our telecoms services help?
Our telecoms services regularly advise Mobile Network Operators (MNO’s), network infrastructure providers, landlords and tenants.