On Tower UK Ltd (appellant) v British Telecommunications PLC (respondent)
Wednesday 7 – Thursday 8 May 2025
By appellant’s notice filed on 26 June 2024, the appellant appeals, with permission, the decision of the Upper Tribunal (Lands Chamber), dated 23 February 2024, who were considering three preliminary issues arising in the context of a reference pursuant to paragraph 32(1)(b) of the Electronic Communications Code set out in Schedule 3A of the Communications Act 2003 and inserted by The Digital Economy Act 2017 in relation to Kenton Road Telephone Exchange.
The claimant, On Tower UK Ltd, has equipment on the roof of a telephone exchange belonging to the respondent, and the respondent, British Telecommunications plc, wants it removed; the situation is complicated by the fact that both parties are “Code operators”, that is, organisations who have been designated by OFCOM as ones that may benefit from Code rights pursuant to section 106 of the 2003 Act.
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Day 1
Day 2