In July 2017 a faculty had been granted permitting the parish to enter into a licence agreement with NET Coverage Solutions Ltd (NCS) for a term of 20 years in respect of telecommunications apparatus to be installed in the tower of the church. The terms of the licence required the permission of the court in order to assign the licence. NCS now sought permission to assign the licence to Shared Access Ltd. The chancellor outlined the developments in the law and practice of installing telecommunications equipment in church buildings, including the impact of the new Electronic Communications Code (ECC) under the Digital Economy Act 2017. He expressed concerns about the code rights available to those wholesale infrastructure providers (WIPs) that registered with OFCOM. It was said that Shared Access had no intention to apply for code rights under the ECC. The chancellor expressed some reservations about how the code rights of WIPs might yet be interpreted by the Lands Chamber and made it a condition of his permission to assign the licence that Shared Access must give an undertaking in writing to the court that it would not register so as to be in a position to apply for code rights under the ECC. [RA]
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