The Law Commission today closes its consultation on reform of the Electronic Communications Code.
Famously described as “one of the least coherent pieces of legislation on the statute book” by Lord Justice Lewison in a 2010 judgment, the Code gives telecommunications operators rights over private land to further the coverage of their networks. Long thought to be badly drafted and full of unintended consequences, the Law Commission’s attention in this area is welcome.
The consultation paper is expected to receive a wide response from landowners and telecommunications operators providing their views on striking the appropriate balance between both camps. We have submitted our own response to the consultation on where that balance lies and eagerly await the Law Commission’s recommendations to the government, which are expected in Spring 2013. Watch this space …