Telecoms in rural locations
Existing Clients
As well as acting for a large number of private clients we have also managed the Natural Resources Wales mast portfolio and handle the telecommunications negotiations for the Representative Body of the Church in Wales.
Advice
Our experience across the whole of this sector enables us to offer advice in the following areas:
New Sites
- Negotiation of heads of terms of agreement
Existing Sites
- Rent Reviews
- Lease Renewals
- Valuations for sale or tax purposes
- Site Sharing
- Lease Variations
- Lease Assignments
- Independent Expert reports
For advice contact Francis Chester-Master on (01982)553248 or francis@chester-master.co.uk
The Market
Broadly speaking the market in Wales and the UK masts can be sub divided into the following categorises:
Mobile Telecommunications masts – erected by the mobile phone operators such as Vodafone, Everything Everywhere (the result of the merger of T-Mobile and Orange), Telefonica O2 and H3G to create their mobile phone networks.
Emergency Services masts – erected by Airwave to provide a secure and reliable mobile phone network for the emergency services. This network is replacing the need for these services to have their own masts and radio networks.
Transmission masts – originally erected for use by the IBA and the BBC for the transmission of TV and radio signals many of these sites since the early 1990’s have taken advantage of their location and size to offer site sharing facilities to the mobile phone operators. This development has created a valuable income generating asset for Arqiva who in recent years have owned and or occupied these sites.
Other Radio Communications masts – erected by a range of companies and other bodies (including BT, Cable & Wireless, AA, Police, MOD, CAA and various utility companies) requiring radio communications networks for their own purposes. Many of these sites also offer site sharing facilities to the telecommunications operators.
Digital Economy Act 2017
The introduction of the new telecommunications code (the new code) in the Digital Economy Act 2017 has dramatically altered the telecommunications landscape reducing rents and preventing mast owners from receiving site sharing income from the sites they own. This complex piece of legislation has, since its introduction in December 2017, resulted in a considerable amount of litigation primarily through the First or Upper Tribunal in England and Wales and the Scottish equivalent as well as complicating the negotiation of new mast sites and the renewal of old leases.
An understanding of the new code and a knowledge of the judgements made by the Supreme Court, the Tribunal and a few County Court cases is now an essential prerequisite for dealing with any new code negotiations.
