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09 October 2008
Issue: 7340 / Categories: Features , Property
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Cracking the code

Are spats with mobile phone giants inevitable? Malcolm Dowden reports

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.

 

 

Once installed, a code operator's apparatus

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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