AP Wireless II (UK) Ltd (appellant) v On Tower UK Ltd (respondent)

Tuesday 13 – Wednesday 14 January 2026

By Appellant’s Notice filed on 7 March 2025 the Appellant below, AP Wireless II Ltd, appeal the decision of Mr Justice Fancourt, sitting as a Judge of the Upper Tribunal (Lands Chamber), judgment being delivered on 18 December 2024 and a supplementary decision being delivered on 7 February 2025.

The Upper Tribunal determined this appeal regarding the appropriate parties to renewals under Part 5 of the Electronic Communications Code.

The case concerned a number of transitional licence agreements where the benefit, but not the burden, had been assigned to the operator (the burden not being assignable at law). The Tribunal was asked to consider whether an operator in this situation is a ‘party to the code agreement’ for the purposes of Part 5.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2