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by Munro Research

Telecommunications Infrastructure (Leasehold Property) Act 2021


Official Summary

A Bill to amend the electronic communications code set out in Schedule 3A to the Communications Act 2003; and for connected purposes.

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Overview

The Telecommunications Infrastructure (Leasehold Property) Bill aims to improve access to high-speed broadband by clarifying the rights of telecommunications companies to install infrastructure on leased properties. Disagreements between the House of Lords and the House of Commons led to amendments regarding the definition of "lease" and the need for a review of the Electronic Communications Code.

Description

Key Changes to Lease Definitions:

The Bill significantly alters the definition of "lease" within the context of installing telecommunications infrastructure. The amendments broaden the definition to include various types of leases, sub-leases, and tenancy agreements in England, Wales, and Northern Ireland. In Scotland, the changes focus on sub-leases and agreements to grant sub-leases. The precise wording and inclusion/exclusion of mortgages by demise is subject to ongoing parliamentary debate.

Review of the Electronic Communications Code:

The House of Lords proposed a mandatory review of the Electronic Communications Code (ECC) within six months of the Bill's passage. This review would assess if the ECC sufficiently supports the goal of gigabit broadband access for all premises by 2025 and whether amendments are needed to grant telecommunications operators access rights similar to those enjoyed by utility providers (electricity, gas, and water). The House of Commons rejected this mandatory review.

Government Spending

The Bill itself doesn't directly allocate new government funds. However, the potential for future legislation based on a review of the Electronic Communications Code could lead to unquantified government expenditure, depending on the recommendations and government response.

Groups Affected

  • Telecommunications companies: Potentially benefit from clearer legal rights to install infrastructure.
  • Landlords and leaseholders: May experience changes to their rights and responsibilities regarding infrastructure installation on their properties.
  • Tenants: May be indirectly affected by changes to infrastructure access and broadband availability.
  • Consumers: May benefit from improved broadband access if the proposed changes facilitate faster rollout.
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