The new Electronic Communications Code has been causing much trepidation in the Telecoms world, with operators and site providers at loggerheads over its interpretation and how this will affect rental levels and lease terms moving forward.
This week the Upper Tribunal (Lands Chamber) issued its much-anticipated ruling in the case of EE Limited and Hutchison 3G UK Limited v The Mayor and Burgesses of the London Borough of Islington  UKUT 53 (LC). The full text of the ruling can be found here with a useful practical explanation of the facts from Shoosmiths solicitors here.
Operators will see this a battle won in the war to reduce rents for new and existing telecoms sites across the UK, but there are many more cases in the pipeline that will further shape the landscape of the sector and clarify the interpretation of the new rules.
It is crucial that anyone approached by a telecoms operator over the terms or a new or revised lease, takes specialist advice as early in proceedings as possible.