Cracking the code

The Electronic Communications Code is often presented as a problem for property owners (and property lawyers) and a trump card for code operators. In fact, code powers exist not to benefit a particular operator, but to protect public access to electronic communications networks and services (see box on p 1403). The spread of municipal broadband, wi-fi communities such as BT Fon and the emergence of gap-filling technologies such as Wi-Max and femtocells mean that it is increasingly difficult for code operators to show that the loss of a particular site will produce a gap in coverage, even where network sharing agreements are in place, as between Vodafone and Orange, T-Mobile and H3G. In this context, a counter-notice is likely to be served in the hope that it will be a deterrent, either making the landowner drop his demands or at least buying time for negotiation. Code operators do not welcome the cost and risks of going to court.