Overview

This bill amends the electronic communications code within the Communications Act 2003 to streamline the process for telecommunications companies to install equipment on land connected to leased properties, particularly in situations where the landowner is unresponsive.

Description

New Code Rights

The bill inserts Part 4A into Schedule 3A of the Communications Act 2003. This new part allows telecommunications operators to apply to the court for an order imposing an agreement granting them rights to use land connected to leased premises for the purpose of providing electronic communications services. This applies when the landowner (or other interested party) does not respond to repeated notices seeking agreement.

Application Process

The operator must first give the required grantor three notices: two warning notices (7 days apart) and a final notice (14 days for response). If there's no response, the operator can apply to court for an order. The court can grant the order if the notice requirements were met and the grantor hasn't objected.

Terms of the Order

The court order sets out the terms of an agreement between the operator and the grantor, detailing works to be undertaken, access requirements, restoration obligations, insurance, compensation, and assignment of the agreement. The Secretary of State will specify the terms through regulations, after consultation with relevant parties.

Duration and Removal

The code rights granted by the court order last for a specified period (up to 18 months). A replacement agreement can extend or end these rights. The grantor can request the removal of any equipment once the rights expire.

Compensation

The court can order the operator to compensate the grantor for any losses or damages arising from the exercise of the code rights.

Government Spending

The bill doesn't directly specify government spending. However, the cost of implementing and enforcing the new regulations and any potential compensation payments will need to be considered. The exact figure is not available in the provided text.

Groups Affected

• Telecommunications Operators: Will benefit from a simplified process for obtaining rights to install infrastructure.
• Landowners/Leaseholders: May experience some disruption during installation and could receive compensation for any losses or damages.
• Tenants of Leased Premises: May benefit from improved telecommunications services, but could also experience some short-term disruption during the installation process.
• Courts: Will be involved in resolving disputes and issuing court orders.

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