The Telecommunications Infrastructure (Leasehold Property) Act 2021 (the "Act") received Royal Assent on 15th March 2021.
The Act will permit operators to apply to court for interim Code rights where a tenant in a "multiple dwelling building" has made a request for services from an operator but the landlord has repeatedly failed (four formal notices must be served) to respond to the operators' request for access.
If an agreement is imposed it will last for the period ordered by the court, up to a maximum of eighteen months.
The Act applies to premises if they form part of a building that contains two or more separate dwellings but will apply to other premises specified in regulations, which are to be made by the Secretary of State in due course (the "Regulations"). The Regulations will also specify the required terms for an agreement ordered by the Tribunal under these provisions.
Whilst we wait with baited breath for sight of these Regulations, with the consultation on changes to the Electronic Communications Code shortly coming to a close (you have a few hours to respond!), it will be interesting to see whether all further proposed amendments again sway mainly in favour of operators.
This Part of this code makes provision for the court to make an order imposing an agreement which provides that code rights are exercisable by an operator for the purpose of providing an electronic communications service to leased premises where— (a)the rights are required in respect of land which is connected to the leased premises, and (b)the occupier or another person with an interest in the land has not responded to repeated notices given by the operator seeking agreement to confer or otherwise be bound by the rights.