New Telecoms code and masts
Discussion
Has anyone else had an experience in having a very aggressive solicitors letter arrive in the post stating a site survey WILL be conducted on our industrial site for new mobile mast on behalf of EE. We had an email asking for access a few months back asking for access to which we replied saying we weren't interested. A quick look on google suggests this new Telecoms code basically gives mobile operators a legal right to put a mast on your property and can use the courts if you oppose them?
Is this for real, have the government actaully allowed a handfull of private companies to be able to put their s
t on your property and the new law of land has issued them power to do it (the new law looks like they only have to pay you £400 a year to have the thing on your land which takes the piss even more)
Any useful insights on this greatly appreciated
Is this for real, have the government actaully allowed a handfull of private companies to be able to put their s
t on your property and the new law of land has issued them power to do it (the new law looks like they only have to pay you £400 a year to have the thing on your land which takes the piss even more)Any useful insights on this greatly appreciated
Edited by oddball1313 on Friday 9th April 16:40
Yes.
I work for a niche firm of surveyors that specialise in advising landlords who have telephone masts on their premises. An increasing amount of our work is actually spent resisting as land owners have no interest in hosting under current terms.
And yes the legislation is appalling from a landlords point of view. The operators will follow through on their threats of legal action.
If you want me to put you in touch with one of my colleagues for an initial chat let me know.
I work for a niche firm of surveyors that specialise in advising landlords who have telephone masts on their premises. An increasing amount of our work is actually spent resisting as land owners have no interest in hosting under current terms.
And yes the legislation is appalling from a landlords point of view. The operators will follow through on their threats of legal action.
If you want me to put you in touch with one of my colleagues for an initial chat let me know.
surveyor said:
Yes.
I work for a niche firm of surveyors that specialise in advising landlords who have telephone masts on their premises. An increasing amount of our work is actually spent resisting as land owners have no interest in hosting under current terms.
And yes the legislation is appalling from a landlords point of view. The operators will follow through on their threats of legal action.
If you want me to put you in touch with one of my colleagues for an initial chat let me know.
As he says so take up his offerI work for a niche firm of surveyors that specialise in advising landlords who have telephone masts on their premises. An increasing amount of our work is actually spent resisting as land owners have no interest in hosting under current terms.
And yes the legislation is appalling from a landlords point of view. The operators will follow through on their threats of legal action.
If you want me to put you in touch with one of my colleagues for an initial chat let me know.
Sochaux said:
I believe it can still be lucrative for landlords by having clauses in the lease to allow for chargeable access etc.
In this brave new world where the operators have been given the dream ticket that is pretty unachievable except in a few specific cases where the ECC code does not apply.New code leases do not pay ‘rent’ but consideration and compensation. There have been some judgements that have allowed for some sort of payment for the cost of managing access. It’s usually a fixed notional sum included in the compensation element, and operators will typically fight absolutely everything with lawyers.
A Lord Justice in a recent court of appeal case called the new Electronic Communications Code ‘fiendishly complex’. He would not be wrong.
Essentially, they can put a mast on your property. If you engage with them, you can negotiate rent, if you don't, they will decide for you. You can fight it and there are options which allow you to prevent them installing kit, but it can get expensive, quickly. Rents have recently dropped by more than 40% too!
surveyor said:
In this brave new world where the operators have been given the dream ticket that is pretty unachievable except in a few specific cases where the ECC code does not apply.
New code leases do not pay ‘rent’ but consideration and compensation. There have been some judgements that have allowed for some sort of payment for the cost of managing access. It’s usually a fixed notional sum included in the compensation element, and operators will typically fight absolutely everything with lawyers.
A Lord Justice in a recent court of appeal case called the new Electronic Communications Code ‘fiendishly complex’. He would not be wrong.
I'm not sure about that because we seem to be paying out a huge sum of money to site providers for access. Way more than we ever have done in the past. We recently received an invoice for £400 after we requested details of the access terms and then chose not to go ahead. Apparently all requests, whether they go ahead or not, incur this charge.New code leases do not pay ‘rent’ but consideration and compensation. There have been some judgements that have allowed for some sort of payment for the cost of managing access. It’s usually a fixed notional sum included in the compensation element, and operators will typically fight absolutely everything with lawyers.
A Lord Justice in a recent court of appeal case called the new Electronic Communications Code ‘fiendishly complex’. He would not be wrong.
cashmax said:
Essentially, they can put a mast on your property. If you engage with them, you can negotiate rent, if you don't, they will decide for you. You can fight it and there are options which allow you to prevent them installing kit, but it can get expensive, quickly. Rents have recently dropped by more than 40% too!
Try more like 90-95%. jurbie said:
I'm not sure about that because we seem to be paying out a huge sum of money to site providers for access. Way more than we ever have done in the past. We recently received an invoice for £400 after we requested details of the access terms and then chose not to go ahead. Apparently all requests, whether they go ahead or not, incur this charge.
I’d love more details like was this an old lease or a lease under new code. Was it a lease under ECC, or was it on a site using landlords own steel?
The firm I work for manages several thousand sites. While I don’t get involved with the access team, I have a reasonable picture of when we are able to require supervision (and hence charge).
Oh and the above charge on the face of it sound like a rip off. Assuming cancellation was not last minute and no special reviewing of documentation was required.
Edited by surveyor on Monday 12th April 11:58
surveyor said:
jurbie said:
I'm not sure about that because we seem to be paying out a huge sum of money to site providers for access. Way more than we ever have done in the past. We recently received an invoice for £400 after we requested details of the access terms and then chose not to go ahead. Apparently all requests, whether they go ahead or not, incur this charge.
I’d love more details like was this an old lease or a lease under new code. Was it a lease under ECC, or was it on a site using landlords own steel?
The firm I work for manages several thousand sites. While I don’t get involved with the access team, I have a reasonable picture of when we are able to require supervision (and hence charge).
Oh and the above charge on the face of it sound like a rip off. Assuming cancellation was not last minute and no special reviewing of documentation was required.
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