Electronic Communications Code – Consultation on Changes

As we know, some aspects of the Electronic Communication Code have proved contentious and more difficult to implement for operators than the government originally intended. Since many believe elements of the Electronics Communication Code are not operating as they should, the government is consulting on changes to the Code. The consultation does not set out detailed proposals for change, but is seeking views that will inform decisions on the scale and scope of any alterations to the Code.

The consultation closes at 11.45 pm on 24 March 2021, so if you are a stakeholder this is a chance to have your say. The consultation is here: Consultation on changes to the Electronic Communications Code – GOV.UK (www.gov.uk)

The areas of particular concern for the government are:

• Issues relating to obtaining and using Code agreements. The proposals are intended to support faster and more collaborative negotiations, help ensure best practice guidance is adhered to, provide efficient ways for disagreements to be dealt with, address failures to respond to requests for Code rights and ensure that completed agreements can operate effectively.

• Rights to upgrade and share. The government proposes to review when the automatic rights to upgrade and share should be available and how they might be clarified. The proposals also look to clarify the position where the conditions for the automatic rights to upgrade and share are not met, and to consider the benefits of introducing limited retrospective rights to share where equipment was installed before December 2017.

• Difficulties relating to the renewal of expired agreements, where there is a need for greater certainty about what happens when an agreement comes to an end and greater consistency in the way that disagreements about the renewal of Code rights are dealt with.

For more information please contact Rebecca Cobbs on Rebecca.cobbs@nexa.law