Para 20 ECC orders: Rights without prior operator occupation

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The Electronic Communications Code

The Electronic Communications Code (the ‘Code’), found in sections 106–119 and Schedule 3A Pt 1 to the Communications Act 2003, enables Ofcom-authorised operators to obtain rights over land for a range of purposes (see Code para 3). Code rights can be conferred by agreement between a land occupier and an operator, and, in practice, telecoms providers ordinarily seek to secure consensual terms at the outset. If agreement cannot be reached, the Upper Tribunal (UT) has authority to confer Code rights without the occupier’s consent. The process is initiated by the operator serving a notice under paragraph 20 of the Code...

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Web page updated on 27/05/2026

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