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Author: Falcon Chambers Publisher: Routledge ISBN: 1351007262 Category : Law Languages : en Pages : 1056
Book Description
Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated. This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions. All members of Falcon Chambers, comprising nine Queen’s Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).
Author: Falcon Chambers Publisher: Routledge ISBN: 1351007262 Category : Law Languages : en Pages : 1056
Book Description
Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated. This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions. All members of Falcon Chambers, comprising nine Queen’s Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).
Author: Falcon Chambers Publisher: Routledge ISBN: 1351007270 Category : Law Languages : en Pages : 898
Book Description
Life now without access to electronic telecommunications would be regarded as highly unsatisfactory by most of the UK population. Such ready access would not have been achieved without methodical and ultimately enforceable means of access to the land on which to install the infrastructure necessary to support the development of an electronic communications network. Successive governments have made such access a priority, regarding it as a principle that no person should unreasonably be denied access to an electronic communications network or electronic communications services. The enactment of the Telecommunications Act 1984 and its revision by the Communications Act in 2003 have played their role in the provision of an extensive electronic infrastructure in the UK, while their reshaping by means of the Digital Economy Act 2017 will continue that process. Throughout that process, a little publicised series of struggles has taken place between telecommunications operators and landowners, as they seek to interpret the Electronic Communications Code by which their rights and obligations have been regulated. This book describes the problems that accompanied the Old Code (which will continue to regulate existing installations and agreements); and the intended solutions under the New Code. The eminent team of authors explain the background, provisions and operation of the old code and the new one, providing practical and jargon-free guidance throughout. It is sure to become the reference on this topic and is intended as a guide for telecommunications operators, land owners, and of course for their advisers in the legal and surveying professions. All members of Falcon Chambers, comprising nine Queen’s Counsel and 30 junior barristers, specialise in property law and allied topics, including the various incarnations of the Electronic Communications Code. Members of Falcon Chambers, including all the authors of this new work, have for many years lectured and written widely on the code, and have appeared (acting for both operators and landowners) in many of the few reported cases on the subject of the interface between property law and the code, including for example: Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2010); Geo Networks Ltd v The Bridgewater Canal Co. Ltd (2011); Crest Nicholson (Operations) Ltd v Arqiva Services Ltd (2015); Brophy v Vodafone Ltd (2017).
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780102982220 Category : Business & Economics Languages : en Pages : 238
Book Description
In this report The Electronic Communications Code the Law Commission makes recommendations to form the basis of a revised Electronic Communications Code, which was originally enacted in 1984 to regulate landline telephone provision. It sets out the regime that governs the rights of designated electronic communications operators to maintain infrastructure on public and private land. In modern times, it applies to the infrastructure forming networks which support broadband, mobile internet and telephone, cable television and landlines. The current Code has been criticized by courts and the people who work with it as out of date, unclear and inconsistent with other legislation. This project focuses on private property rights between landowners and electronic communications providers, it does not consider planning. The aims of the reforms are: to provide a clearer definition of the market value that landowners can charge for the us
Author: Kerry Bretherton Publisher: Law Brief Publishing ISBN: 9781914608940 Category : Languages : en Pages : 0
Book Description
The second edition of this book incorporates the recent amendments to the Electronic Communications Code and recent cases including consideration of the Code by the Supreme Court. It is a practical guide to litigation arising out of the Electronic Communications Code. Its goal is to assist those who litigate about code rights or code agreements on behalf of clients who own or occupy land that is, or may become, subject to them. This book begins by explaining the relevant rights which may be conferred under the Code. This includes an analysis of its technical requirements, and the highlighting of potential pitfalls which may arise both in substantive disputes and the relevant tribunal procedures that apply. The text goes on to focus on the parts of the Code that are most likely to have a substantial impact on landowners or occupiers, and so contains a detailed consideration of the growing body of case law that is developing on the most contentions aspects of the new code. CONTENTS Chapter 1: An Introduction to the New Electronic Communications Code Chapter 2: Code Operators, Their Networks, and Code Rights Chapter 3: Notices, their Service, and Paragraph 20 Notices Chapter 4: The Identity of "the court", and Applications to it to Acquire Code Rights Chapter 5: Terms of and Formalities for Code Agreements, and Enforcement Chapter 6: Consideration and Valuation Chapter 7: Compensation Chapter 8: Part 5 of the Code, and the Continuation and Termination of Code Agreements to Which it Applies Chapter 9: Variation of Code Agreements, and Interim Payments of Consideration Chapter 10: Removal of Apparatus Chapter 11: Third Parties, Code Rights and Land Registration, and the Assignment of Code Rights Chapter 12: The Transitional Provisions Chapter 13: Parts 4A and 4ZA of The Code: Unresponsive Owners and Occupiers Chapter 14: ADR, Procedures and Practicalities
Author: Jonathan Wills Publisher: Bloomsbury Professional ISBN: 9781526529732 Category : Law Languages : en Pages : 0
Book Description
This new book provides comprehensive and expert guidance on how best to implement and comply with the changes that have been made to the Electronic Communications Code since 2022 in relation to Property Law. Jonathan Wills is a leading practitioner on the Code, having represented a number of private land-owner clients who have been affected by the code. The Electronic Communications Code: A Guide for Property Lawyers provides commentary and advice on the Supreme Court decision of 2022 stating that operators who are already in situ on land are not barred from seeking code rights; and the coming into force of the Product Security and Telecommunications Infrastructure Act 2022. With reference to all decided case law the book considers the different parts of the Electronic Communications Code including: - The definition of what Code rights are - How Code rights are acquired and resisted - What determines what terms are contained in Code agreements - The valuation of consideration (rent) - Applications for compensation, - Termination and renewal of agreements This title is included in Bloomsbury Professional's Property and Land Law online service.
Author: Kerry Bretherton Publisher: ISBN: 9781914608094 Category : Languages : en Pages : 192
Book Description
This book is a practical guide to litigation arising out of the new Electronic Communications Code. Its goal is to assist those who litigate about code rights or code agreements on behalf of clients who own or occupy land that is, or may become, subject to them. This book begins by explaining the relevant rights which may be conferred under the Code. This includes an analysis of its technical requirements, and the highlighting of potential pitfalls which may arise both in substantive disputes and the relevant tribunal procedures that apply. The text goes on to focus on the parts of the Code that are most likely to have a substantial impact on landowners or occupiers, and so contains a detailed consideration of the growing body of case law that is developing on the most contentions aspects of the new code. ABOUT THE AUTHORS Kerry Bretherton QC is a silk who specialises in property, property development and related commercial transactions. She deals with all aspects of development work, real property and commercial and residential landlord and tenant for a variety of clients including developers, companies and private individuals. Kerry also deals with public law cases which are related to property work, with experience on the AG A Panel prior to her appointment to silk, and her clients include central and local government. Kerry has regularly appeared in the Court of Appeal and Supreme Court and has been counsel in some of the leading property cases. Kerry is ranked in Chambers & Partners 2021 and Legal 500. James Castle is a junior barrister at Tanfield Chambers who specialises in property litigation. This includes real property disputes, the law of landlord and tenant (both commercial and residential), and of course the Electronic Communications Code. And because property cases often involve other elements, James also regularly deals with commercial debts, insolvency issues, company law and even harassment.
Author: Francesco Liberatore Publisher: Bloomsbury Publishing ISBN: 152651172X Category : Computers Languages : en Pages : 1372
Book Description
Regulation of electronic communications in the EU Member States is increasingly driven by European legislation. This title collects the key European legislation and other instruments pertinent to the electronic communications sector and in some cases is annotated by Francesco Liberatore and his colleagues at global law firm, Squire Patton Boggs. The timing of this title is particularly opportune as it includes: - The new EU Electronic Communications Code Directive - The Commission's Guidelines on market analysis and its recommendation on relevant markets - Significant measures (other Directives, Commission decisions and recommendations) integral to the regulatory framework - The BEREC Common Position on Remedies and other BEREC texts
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Charles Doyle Publisher: Createspace Independent Pub ISBN: 9781481063838 Category : Law Languages : en Pages : 94
Book Description
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA. It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000 (up to $500,000 for organizations); civil liability for damages, attorneys' fees and possibly punitive damages; disciplinary action against any attorneys involved; and suppression of any derivative evidence. Congress has created separate, but comparable, protective schemes for electronic communications (e.g., email) and against the surreptitious use of telephone call monitoring practices such as pen registers and trap and trace devices. Each of these protective schemes comes with a procedural mechanism to afford limited law enforcement access to private communications and communications records under conditions consistent with the dictates of the Fourth Amendment. The government has been given narrowly confined authority to engage in electronic surveillance, conduct physical searches, and install and use pen registers and trap and trace devices for law enforcement purposes under ECPA and for purposes of foreign intelligence gathering under the Foreign Intelligence Surveillance Act.
Author: Falcon Chambers
Author: Falcon Chambers
Author: Falcon Chambers
Author: Great Britain: Law Commission
Author: Kerry Bretherton
Author: Jonathan Wills
Author: Kerry Bretherton
Author: Francesco Liberatore
Author: United States
Author: American Bar Association. House of Delegates
Author: Charles Doyle