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#UNIVERSAL CONTROL CODES INSIGHT CABLE CODE#

EE Limited and Hutchison 3G UK Limited v Mayor and Burgesses of the London Borough of Hackney (15 June 2021) However, the operators were warned that when considering the long-term suitability of the site, London Underground’s security concerns might be sufficient to tip the balance in the site providers’ favour. The Tribunal therefore found that there was a good arguable case that the public benefit test would be met. Whilst the Tribunal appreciated that London Underground was extremely sensitive to security issues, these concerns could be dealt with by using prior security vetting and proper supervision at the operators’ expense. The Tribunal found that the possibility of a serious security incident was too remote to amount to prejudice. London Underground opposed the grant of the interim rights on the basis that they would pose significant security risks and the access arrangements were inadequate.Īs interim rights were being sought, the Tribunal only needed to be satisfied that the operators had a plausible case that any prejudice to London Underground was capable of being compensated in money and was outweighed by the public benefit of the rights being granted. The operators claimed that they required the site because they were about to lose an existing site nearby which was due to create coverage and capacity difficulties for mobile phone networks in a high demand area. The interim rights sought were to allow the operators to enter and pass through London Underground’s premises to gain access to the site at 48 hours’ notice for three months for an hour at a time. The site was a flat roof on a London Underground network power control centre.

#UNIVERSAL CONTROL CODES INSIGHT CABLE CODE#

The operators had sought interim code rights to undertake a multi-skilled visit to assess the suitability of a site for the location of a mast site.

The case provides helpful insight into how the Tribunal may approach the grant of Code rights in respect of security sensitive premises.

In this case, the Tribunal considered that the operators’ requirement for interim rights outweighed the security concerns of London Underground.

However, such concerns might tip the balance in favour of the site provider in relation to attempts by an operator to impose permanent Code rights.

Security concerns which can be dealt with using vetting and supervision were insufficient to prevent interim rights being imposed in respect of a sensitive site.

EE Limited and Hutchison 3G UK Limited v London Underground Limited (1 June 2021) This newsletter will tell you all you need to know about the key cases involving the Code in the last quarter and why they are important. Welcome to the inaugural Burges Salmon Electronic Communications Code Case Law Quarterly Update.