Telecoms Property Specialists
Blake Morgan’s property group has a specialist team of telecoms lawyers who advise on property related telecoms code issues.
Our team are experts and advise landowners, third party infrastructure providers and fixed line broadband suppliers on the complex law surrounding the old Telecoms Code and the new Electronic Communications Code which came into force on 28 December 2017.
Our telecoms lawyers regularly act for landowners seeking to gain vacant possession of telecoms sites earmarked for commercial or residential development and for investment landlords and corporate occupiers entering into agreements with telecoms operators for the provision of telecoms services to their investment properties or business premises.
Main Areas Of Practice
Our expert team of transactional and property litigation telecoms lawyers have vast experience in the Telecoms Property sector and can provide strategic and practical advice on the telecoms code in the following areas:
Electronic Communications Code Notices
Whether you receive a Code Notice from a telecoms operator seeking your agreement to have Code Rights conferred upon it over your land, or you wish to renew or terminate an existing Code Agreement, we can act on your behalf to review or prepare and serve the relevant statutory notices and act on your behalf in negotiating terms with the telecoms operator and if necessary issue or defend applications made to the Upper Tribunal (Lands Chamber).
Income Rights Agreements
We have expertise in negotiating income rights agreements on behalf of third party infrastructure providers with large estate owners to enable the infrastructure provider to manage and receive the income stream generated from occupation of the sites by Telecoms Operators.
Whether you are a landlord or tenant, we can negotiate wayleaves on your behalf with the Code Operator to secure the provision of fixed line broadband services for your property whilst protecting your property interests.
OFCOM applications to obtain Code powers
We have experience in acting for telecoms infrastructure providers and fixed line broadband providers in preparing and submitting formal applications to obtain a direction from OFCOM to obtain Code Operator status pursuant to s.106 of the Communications Act 2003.
Securing Vacant Possession of Sites
We regularly act for land owners seeking to gain vacant possession of telecoms sites earmarked for redevelopment and can advise on the statutory protection afforded to Telecoms Operators by the Telecoms Code and act on your behalf in the Upper Tribunal (Lands Chamber) to seek an Order for Removal of the telecoms apparatus or to negotiate a "lift and shift" of their apparatus formally encapsulated in an interim rights agreement with the operator to allow development schemes to proceed unhindered.
We can provide bespoke training sessions and client tailored guidance notes and training manuals to help Estates Departments or In House Legal teams to understand the ramifications of the Electronic Communications Code.
Our client base is varied and includes third party infrastructure providers, land developers, investment landlords, charitable trusts, universities, local authorities, corporate occupiers and fixed line broadband suppliers.
The "very responsive and practical" Zoe Wright is a popular choice with clients due to her expertise in this field. She has experience handling a wide array of contentious property matters, from landlord and tenant work to issue of agricultural property. Clients describe her niche expertise in telecommunications as "particularly excellent".
- Chambers & Partners UK, 2016
"Andrew Farmery and George Panteli always go above and beyond. They are extremely talented lawyers, who are committed and totally engaged."
- Legal 500, 2020
Issuing proceedings in Court on behalf of an Edinburgh based Hotel Group in relation to the removal of a mast located on a hotel rooftop to facilitate a multi-million redevelopment scheme. The claim was settled following intense negotiations including terms for a temporary lift and shift to a car park mast prior to wholesale removal of the apparatus.
Negotiating a 50 year income rights agreement relating to 250 sites on behalf of a telecoms infrastructure provider to obtain the regular income from the site occupiers' sites in return for paying a multi-million premium to the utility company freeholder.
Advising a fixed line operator on the provisions of the new Telecoms Code and its interaction with the provisions of the Electricity Act 1989 (as amended by the Utilities Act 2000) applicable to electricity distribution network operators.
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