One of the most important and controversial areas of the Old Code was the device removal provisions. There are new provisions on how to terminate a code agreement and then delete it. Any provision of a code contract is invalid insofar as it purports to prevent or limit the transfer of the contract to another operator or to subject such an assignment to the fulfilment of conditions. The only exception is that a code agreement can always require the outgoing operator to guarantee the performance of the code agreement by the incoming operator. This guarantee can only be extended to the immediate incoming operator, as well as a warranty contract authorized under the Landlord and Tenant (Covenants) Act 1995. The ”new” electronic communications code came into effect on December 28, 2017. Part 4 of the code gives licensed operators the right to install and maintain their equipment on private land, and the new code is particularly favourable to operators with regard to the rents they pay for these fees. The new code was not retroactive and repealed the old code, but provided transitional provisions for subsisting agreements. An agreement is an agreement under the old code that was ”in force” between the operator and the person concerned when the new code came into force in December 2017. The termination and relocation provisions of the new code protect these existing agreements, so that a landowner can only terminate the contract for one in four legal reasons, including rehabilitation.
After the agreement is reached, the removal of the device is the second step in the process, which means that it can take a long time to obtain the possession of an operator. The transitional provisions concern the remaining agreements and govern the interaction between the 1954 LTA and code rights. The transitional provisions stipulate that the 1954 LTA, if it were in force before the new code came into force, will continue to apply. In light of the findings that the lease was not a subsequent agreement, Arqiva then occupied the website without code rights, unless something changed its status. This practice note indicates the extent of the new code rights as they are created, i.e. by an agreement between the parties or by a court injunction, anti-avoidance provisions relating to attribution, distribution and valuation, and how to determine them for compensation and compensation. You will find information on how code rights can be terminated or changed, the communications measures and arrangements to be taken are under practical note: New code for electronic communications – termination and modification of code rights.