- Last year there came the trips-off-the-tongue Product Security and Telecommunications Infrastructure Act 2022 (PSTIA).? It was enacted to support the roll-out of future-proof, gigabit-happy broadband and 5G networks by amending the Electronic Communications Code (Code).
- Sections 68 and 69 of PSTIA are coming in on 7 November 2023!
- Where an operator or site provider has applied to renew or terminate an existing Code agreement, section 68 will enable either side to apply to the Tribunal for an interim order. ?This may seek to change any term, including rent. ?
- Section 69 introduces the concept of Alternative Dispute Resolution (“ADR”) into the Code i.e., informal, cheaper methods of resolution that avoid the Tribunal (and public expense).? Operators must give information about ADR when serving certain Code notices. ?Operators and site providers will also be required to consider ADR before making some applications to the Tribunal.? Cost sanctions can be imposed against any party that fails to engage in ADR without good reason.
- Given these changes effectively incorporate long-standing provisions of the Landlord and Tenant Act 1954 (interim rent) and the Civil Procedure Rules (ADR), you wonder why no-one thought of them when the Code was first drafted?
- Aside: there is currently consultation on changing some prescribed forms to incorporate reference to ADR. ?Thus, follow the golden rule.? Always go to the updated web site when serving any prescribed statutory form.? Never use your last one as a template.
- Luke Weldon is a Partner at Carbon Law Partners specialising in real estate and commercial disputes.?You can contact him on [email protected] or 07816 755 372.?
