Upper Tribunal hands down judgment on sharing terms in Telecoms Code agreements
The Upper Tribunal has granted On Tower’s appeal to include a sharing term which permits sharing of both the site and wider rights (as well as ECA – which was permitted by the FTT below) in the Code agreement by all providers of electronic communications networks. Permission for a cross-appeal in respect of terms concerning a prohibition on planning objections and restricting wayleaves and conduits clauses was refused as enjoying no real prospect of success.
The Upper Tribunal gave consideration to the policy of the Code, the role of Wholesale Infrastructure Providers, and the test to be applied (and the evidence required) when tribunals determine which terms ought to be imposed; all of which may be of wider application. A copy of the Decision is available here.
Kester Lees KC and Imogen Dodds acted for the Appellant and Wayne Clark KC and Fern Schofield acted for the Respondent
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