(Redacted) - Responses 105 to 130 - Law Commission

Consultation response 107 of 130
10.20 We ask consultees to tell us if they are aware of difficulties experienced in accessing
electronic communications because of the inability to get access to a third party’s land,
whether by the occupiers of multi-dwelling units or others.
12
Consultation Paper, Part 3, paragraph 3.100.
We come across this regularly when representing owners or occupiers of multi let commercial
buildings or estates (industrial parks, office buildings, shopping centres). Owners are generally
prepared to allow cable operators to install their apparatus within the common parts of their
buildings - fundamentally because it makes their buildings or estates more desirable to potential
tenants and in the current economic climate, owners are making significant efforts to make their
buildings as attractive as possible. In recent months, we have seen a significant increase in
instructions from building owners wishing to contract with operators for the installation of wi-fi
services for the benefit of their tenants.
Owners do however have a problem with cable operators – namely the fact that their cables will
be protected by the Code. Owners are very nervous about agreeing to anything that may
adversely affect their ability to carry out works to their buildings or estates and they worry that
Code protected cables could cause problems in the future. In order to protect themselves,
Owners take time to take professional advice, and the cost of that advice is generally passed on
to the cable operators.
If parties were able to contract out of the protection of the Code, we suggest that this reluctance
to allow access to cable operators would generally disappear. Cable operators would be able to
install their equipment quicker and cheaper.
We submit that cable operators are misunderstanding the issue here – they think that the Code is
a way to resolve this problem, but in our view the existence of the rights under the Code is the
problem. Additional protections under the Code could simply make the matter worse. We submit
that it would be better to be able to contract out of the Code and then let market forces dictate
that all multi – tenanted buildings have cable connectivity.
10.21 Do consultees see a need for a revised code to enable landowners and occupiers to
compel Code Operators to use their powers to gain code rights against third parties?
No. We have never come across this in practice.
Consultation Paper, Part 3, paragraph 3.101.
3528814-2-Electronic Communications Code - Shoosmiths Response Form
Page 1392 of 1868