When the new Electronic Communications Code (ECC) first came into force on 28 December 2017 the Government hoped it would facilitate the faster roll-out of telecoms networks, leading to the UK being a world leader in terms of digital connectivity and 5G coverage. The reality has been quite the opposite. Gateley are here to advise across telecoms infrastructure, finding commercially viable solutions to some of the industry’s key issues.
The primary reason for the bottleneck? The introduction in the ECC of a no-network assumption and a no-scarcity assumption to the assessment of rent (i.e. consideration and compensation), resulting in an impasse between operators – keen to benefit from the clear intention of the ECC to reduce the level of rent they are paying – and site providers, unsurprisingly seeking means of clinging on to the rents they have grown accustomed to, or at least something as close as possible to that.