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The Electronic Communications Code and Property Law: Practice and Procedure

The Electronic Communications Code and Property Law: Practice and Procedure

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138543126
  • 出版时间 September 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
HKD 2,750.00
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Life without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive Governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code, by which their rights and obligations have been regulated.

    This book describes the problems that accompanied the old Code (which will continue to regulate existing installations and agreements) and the intended solutions under the new Code. The eminent team of authors explain the background, provisions and operation of the current Code and the new one, providing practical and jargon free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions.

  • I Introduction
    Introduction
    Legislative history
    Electronic Communications Code (2017) overview
    The European dimension

    II Telecommunications Code 2003
    Old Code: General and Special Regime Overview
    Operators Under the Old Code
    Old Code General Regime
    Old Code General Regime: Financial Provisions
    Old Code Special Regimes
    Alteration and Removal of Apparatus under Paragraph 20
    Removal of Apparatus under Paragraph 21
    Abandonment of Apparatus
    Sundry Matters under the Old Code

    III Electronic Communications Code 2017
    Overview, key concepts, conferment of statutory rights, role of Landlord and Tenant
    What are Code Rights?
    Who may confer Code Rights?
    To whom may Code Rights be granted?
    Over what may Code Rights be granted?
    The Agreement Conferring Code Rights
    Assignment, upgrading and Sharing apparatus
    Imposition of agreements
    Termination of Code Agreements
    Modification of Code Agreements
    Rights to require removal
    The New Code and the 1954 Act
    Transport Land Rights
    Street works, Tidal Water rights and Undertaker’s works
    Overhead and flying lines, objections
    Trees and Vegetation
    Consideration and Compensation under the New Code

    IV Matters Common to Both Codes
    Transitional Provisions
    Notices
    Dispute Resolution Procedure
    Code avoidance
    Electronic Communications and planning
    Electronic Communications and Compulsory purchase and entry for exploratory purposes
    Electronic Communications and rating
    Electronic Communications and land registration
    Electronic Communications and Competition Law
    The position in Scotland
    The role of OFCOM

    V Drafting
    Drafting Considerations for Code Agreements

    VI The Annotated New Code

    VII Appendices
    A 2003 Code and bits of 1984 and 2003 Act
    B 2017 Code and bits of 2017 Act
    C Telecommunications Infrastructure (Relief from Non-Domestic Rates) Act 2018
    D SIs (see below)
    E OFCOM Code of Practice
    F OFCOM Template Notices
    G OFCOM Standard Terms

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