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Introducing our new CEO Pat Coxen

At the end of his first week at Cornerstone, Pat Coxen shares with us his career to date, his thoughts on the infrastructure industry being at an exciting pivotal moment in the future of digital connectivity, and Cornerstone’s role in supporting UK society with their connectivity needs.

First-of-its-kind mobile infrastructure pilot for City of London

EE live in first-of-its-kind mobile infrastructure pilot in City of London with Freshwave

  • Virgin Media O2 has also signed up to be part of the pilot and will be going live early in 2023
  • First outdoor 4G and 5G small cell network in the UK capable of hosting all four mobile network operators from day one – thanks to bespoke solution and centralised radio access network
  • Freshwave is delivering the pilot for concession holders Cornerstone

EE mobile users in the City of London can now enjoy enhanced 4G and 5G coverage along Queen Victoria Street thanks to an innovative connectivity pilot led by Freshwave. Virgin Media O2 (VMO2) has also signed up to the pilot and is expected to go live early in 2023.

In busy areas such as city centres, the number of people using mobile devices can create high demand on the macro site serving that area. Outdoor small cells installed at street level process some of that demand themselves, making them ideal for enhancing mobile connectivity in densely populated areas. 5G technology also means networks must be densified and these are the first 5G outdoor small cells to be installed in the City of London. 

Connectivity infrastructure-as-a-service provider Freshwave built new mobile infrastructure in the 10-site pilot to make it shareable and capable of delivering 4G and 5G for all four mobile network operators (MNOs). EE is now live on Freshwave’s neutral host network. A neutral host network is a network sharing infrastructure arrangement facilitated by a third party.

Freshwave designed a bespoke solution for the pilot which means the network can accommodate all four mobile network operators on 4G and 5G from day one with no adjustments to the infrastructure needed – a first for the UK. The solution consists of specially designed wideband antennas, cabinets and columns and large amounts of dark fibre to each cabinet.

This multi-operator outdoor small cell network is the culmination of more than two years of Freshwave’s close collaboration with all four MNOs and other industry partners. The first-of-its-kind network’s shareable infrastructure reduces equipment and infrastructure duplication, making it more cost-effective to deploy, as well as minimising street clutter and the associated disruption during street works.

Shareable infrastructure also reduces the environmental impact, while still bringing street level connectivity for everyone’s benefit. The network uses a centralised radio access network (C-RAN) and by housing multiple pieces of telecoms equipment in accompanying cabinets fewer devices are needed on the street assets themselves. The network uses dark fibre built by wholesale fibre broadband operator Netomnia.

Vodafone will join the pilot in the first quarter of 2023. 

Simon Frumkin, Freshwave’s CEO, said: “We’re delighted to have reached this milestone in the pilot of our truly multi-operator neutral host network. Shared digital infrastructure is the logical evolution in telecoms as cities become more connected and smarter. Companies like Freshwave that deploy using the neutral host model help accelerate this connectivity for everyone as the model is more cost-effective, greener and less disruptive. I’m proud Freshwave are doing what’s right by all parties in this area.”

James Hope, Director of Mobile Radio Access Networks at EE, said: “High capacity, super-fast connectivity is essential for consumers and businesses today, with demand for data and low-latency networks continuing to rise. We’re pleased to be the first operator live on this pilot with Freshwave helping to deliver the best possible 4G and 5G services to our City of London customers, even at the busiest times. The project is a further demonstration of how we’re enhancing our networks to help both digitise and deliver economic prosperity to the UK, and we look forward to extending it in the future.”

Paul Broome, VMO2 London & South-East Trial Manager, said: “With the largest outdoor small cell network of any of the major operators, we’re excited to have signed up for this pilot with Freshwave. Adding extra capacity to our existing legacy solution of over 200 small cells in the City of London will provide further benefit to the ever-increasing data demands of its users. Outdoor small cells provide a flexible solution for boosting network connectivity and we’re looking forward to going live on the network very soon.”

City of London Corporation Streets and Walkways Sub-Committee Chairman, Graham Packham, said: “The City is already a global business hub and this mobile connectivity will play an important part in also helping it become a 24/7 visitor destination. We are continually looking for new ways to increase the City’s appeal for businesses, visitors and residents.”   

Mobile infrastructure services provider Cornerstone holds the concession with the City Corporation and Freshwave is delivering the pilot through this concession.  

Denis Coakley, Cornerstone’s COO, said: “Freshwave is a trusted partner and have made great progress in this pilot, so we’re pleased to welcome the first mobile network operators to the network and pilot with them. We’re excited about the future progress and the benefits it will bring in our long-term partnership with the City of London Corporation.”

Jeremy Chelot, CEO at Netomnia, said: “We’re proud to be working with Freshwave on this pioneering project to improve mobile connectivity in the City. We’re committed to working closely with all our partners on the project to quickly deliver full fibre access with minimal disruption to the local community.”

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National Connectivity Alliance Launched Bringing Together Industry and Landowners to Deliver World Class Connectivity

The National Connectivity Alliance (the NCA), a new alliance of telecommunications and infrastructure providers, landowners, and their collective professional advisers launches today. This alliance brings together these stakeholders to collaborate on areas of mutual interest with the goal of delivering world class connectivity for all in the UK.

Digital connectivity is fundamental to the success of our economy. Communities depend on reliable connections to stay connected; to ensure social inclusion; to enable businesses to embrace digital technology; and, to open up new markets and simplify supply chains.

Building such connectivity requires the complex interchange of many organisations and stakeholders yet these interactions have not always been easy.

Recognising the need to build strong relationships with each other to deliver connectivity to world beating standards, a group of the leading stakeholders from across both telecoms and land industries have come together to form the National Connectivity Alliance.

The Alliance will bring together these stakeholders to work on issues of mutual interest, improve co-operation and to share best practice.

Digital Infrastructure Minister Julia Lopez MP said:

“I welcome the creation of this new alliance, which will bring together industry and landowners to improve negotiations and make sure we are doing everything we can to boost connectivity, productivity and the economy. We continue to support investment in world class connectivity for people across the UK, whether they’re in London, or a village in  the Scottish Highlands.”

Carlos Pierce, National Connectivity Alliance Chair said:

“We are delighted to launch the National Connectivity Alliance today as the only cross industry body regarding access to land. Not only does the NCA demonstrate a necessary collective will from the industry to improve digital connectivity, it will also drive best practice through collaboration and understanding. By encouraging greater education and communication, the NCA will be able to deliver greater awareness of the needs of all in the sector as well as the general public.” 

– END –

Notes to Editors The National Connectivity Alliance involves providers of electronic communications networks and services, owners of infrastructure and land and their professional advisers, and brings together stakeholders from across the industry to work on issues of mutual interest, to improve co-operation and to share best practice.

Members of the National Connectivity Alliance Steering Group:

  • Blaser Mills Law
  • British Land plc
  • British Property Federation
  • Carter Jonas
  • Cell CM Limited
  • Cellnex
  • Cluttons
  • Community Fibre
  • Cornerstone
  • Country Land and Business Association
  • DWF Law LLP
  • Gigaclear
  • Law Society
  • Mobile Broadband Network Limited
  • Mobile UK
  • National Farmers Union
  • Openreach
  • Penningtons Manches Cooper LLP
  • Philip Morris FRICS
  • Royal Institution of Chartered Surveyors
  • Wireless Infrastructure Group

www.ncalliance.org.uk

Cornerstone launches Sustainable, Responsible, Inclusive initiative

We’re excited to launch our SRI (Sustainable, Responsible, Inclusive) initiative which is our interpretation of how we make the ESG agenda relevant to us.

As a company we want to do the right thing and are committed to making sure we are playing our part within a broader societal agenda.

We are already doing lots of great things and are pushing ourselves to do more. We know its not going to be easy as we start out on this journey. However, we are up for the challenge and will keep you updated on our progress. Watch our video to see our story so far!

Cornerstone Partner Conference Video Highlights

What a great day everyone had at the Williams F1 Experience Centre for Cornerstone’s Partner Conference. We have put together a highlights video which captures the delegate experience and reactions to the day.

See our interim CEO Belinda Fawcett reflect on what the day meant for resetting expectations and looking forward to an exciting future. Hear too from some of the senior delegates on the messages they took away and will be sharing with their teams.

It made such a difference to get people together in one space and to feel the energy of human interaction, which has been missing since COVID and virtual working.

And what an amazing venue to share together, which really added to the occasion.

We look forward to catching up with our Partners again!

Why rolling out infrastructure is critical to our communities

Can you introduce your partnership with Cornerstone?

Cluttons has partnered with Cornerstone since its inception. During this time, we have enjoyed developing a deep knowledge of the business and its people while applying our market insight and experience to their strategy and challenges.

Cluttons is a strategic property consultancy that offers property knowledge from a diverse group of experts. For over 20 years we have been the leader in property advice for mobile operators and fixed-line providers both in the UK and internationally.

The pace of change in the industry has been colossal. As Cornerstone’s outsourced estate’s function, it has enabled Cluttons to support and join Cornerstone on a journey, rolling out 4G and 5G and optimising its existing estate whilst guiding on and dealing with the complexities of changing legislation. The partnership’s ‘one team’ ethos has always allowed our team to feel like an extension of Cornerstone’s organisation and has further supported the collaborative approach to day-to-day delivery.

Cluttons provide a wide range of services for Cornerstone, including estate strategy, paying rent to their landlords, managing lease events such as renewals, rent reviews, access management, lift and shift, terminations and disposals. This means that in some cases we speak to landlords as frequently as Cornerstone, with many landlords having a longstanding relationship with our team members dating back 10-15 + years.

The partnership ‘one team’ approach is key for us and significantly underpins successful communication and our ability to deliver ultimate value.

Darren Zitren

What are the main changes you have seen in the UK over the years regarding telecoms infrastructure?

The global pandemic highlighted the importance of fast and reliable mobile and broadband connections. The shift in working patterns has resulted in expectations from people that we should have seamless connectivity, whether at home, on the move, or in the office. The UK Government has committed to being a world leader in 5G with access to the majority of the population by 2030.

Whilst things are improving rapidly, our research found that only 41% of consumers believe their mobile connection is fast and reliable enough to do what they want online. With the change in legislation of the Electronic Communications Code in 2017, rollout and upgrades are still not close to anticipated levels. Therefore, we believe there is still a wider educational piece to be developed and rolled out to all groups of people – consumers, businesses, local authorities, and MPs, to really highlight the meaning and value of connectivity.

With constant change occurring in the property and telecoms industry and the public demand for mobile connectivity, what do you think we can do to help our landlords keep up to date and better understand the importance of infrastructure?

It is fundamental that our landlords and the wider community (benefitting from the mast/electronic communications apparatus on their land) understand the true value of connectivity. Each site is integral to the network, and every landlord plays a part in keeping the UK connected and within immediate access to information. The recent research by Cluttons found that 84% of households have a smartphone, 36% of households use wearable technologies and 35% of households have a streaming media player. In light of this, the importance of widely available, good-quality connectivity has never been so evident. Millions in the UK have been confined to their homes and forced to rely on digital connectivity to access, and maintain, many aspects of their daily existence.

Cornerstone has produced some excellent content on this within the video hub on its website, and I highly recommend taking the time to view it.

What are the challenges we face in rolling out infrastructure?

Education is key. The fact that we are still encountering difficulties with the understanding and awareness within Local Authorities highlights the issues mobile operators face in rolling out and upgrading their networks. The research by Cluttons highlighted that Local Authorities can have a significant role to play in accelerating rollout and that having the funding and a digital strategy in place is critical to avoid being ‘left behind’. This is particularly important when compared to other advanced economies.  Currently, within the G7 we are around 4th place, which we need to address quickly.

What do you think needs to be done to overcome these challenges?

A good starting place would be for all Local Authorities to appoint digital champions that are supported with budget and resources. This proposed appointment of digital champions will play a key role in developing and implementing a digital strategy and enabling a collaborative approach with mobile operators and fixed-line providers to improve connectivity within communities. We have seen some Local Authorities already taking this approach with real success – such as the collaborative approach the City of London is taking across the various London Boroughs, and the advances West Midlands 5G Authority has made with its digital strategy and implementation. Cornerstone has been doing some excellent work with Local Authorities to educate on the digital benefits for local areas by improving connectivity. The Shared Rural Network is an excellent example of the Mobile Network Operators (MNOs) collaborative approach with the government to provide 4G coverage to 95% of the UK, enabling communities to thrive and benefit from digital connectivity. There is a significant investment from the MNOs c.£500m + to connect communities in the most remote rural locations to eliminate not-spots, highlighting the commitment to improving the UK’s digital infrastructure.

What do you think the impact would be on our communities if we don’t keep up with the pace needed?

I think it is simple. If we don’t keep up with the pace, we will be left behind on the world stage, and the much-needed levelling up of the UK will not be successful. Working collaboratively with all stakeholders to identify and remove barriers is fundamental if we are to achieve the government’s aspirations for almost complete 5G coverage by 2030. Fast, reliable connections are essential to ensure the country’s growth and economic resilience. Not only that, but they are crucial for each part of levelling up including education, regional employment and investment and access to health and social care. It will help support all regions of the UK to bounce back from the impacts of things like the global pandemic and succeed outside the EU, and address longstanding gaps in productivity and equality by adding value to all parts of the country.

Our road ahead – Cornerstone Partner Conference

What a fantastic meet-up with our Partners earlier this week! The buzz and energy were palpable in our first in-person event involving all of our Senior Leadership Team since the pandemic. Partners from across the UK joined us at the Williams Formula 1 Experience Centre to hear about Cornerstone’s direction of travel.

Delegates learned how they play a vital role in achieving Cornerstone’s goals and growth opportunities, and how we can work together to create a sustainable industry.

We were joined by Sustainability Experts Dr. Cristiana Pace, Change Innovator and one of the UK’s first female Formula One engineers, as well as Saunders Carmichael-Brown, who hosted a panel discussion with Cristiana alongside Cornerstone’s Andrew Alexander, Ginette Kilroy and Phil Warren. It was fascinating to hear how two very different sectors faced similar challenges and to have the opportunity to learn from one another.

A number of themes were communicated throughout the day. They focussed around this being a time of:

  • cultural shift; as all of us look ahead, understanding the drivers behind Cornerstone’s evolving transformation and that of the wider mobile infrastructure market
  • opportunity; just like the world of motorsport, for innovation to drive our industry forward by looking at ways to be more efficient, and do things better
  • working together; to co-create to achieve the ambitions Cornerstone have set as the UK’s leading mobile infrastructure services company

Thank you to all our Partners who shared the day with us.

Have a look through our gallery of images below of the event. Special thanks to Mark Heeney for his selection of images he has provided.

All the best Rhys!

Today Rhys Phillip leaves us as CEO.

Having joined Cornerstone in 2018, through his leadership and vision he has positively transformed Cornerstone.

The commercialisation of Cornerstone in 2021 under Rhys’ leadership is a fundamental shift in our business operating model. It has opened up new customer opportunities on top of our critical role in enabling mobile connectivity across the UK.

In addition, Rhys has been a driving force behind Cornerstone’s cultural change and brand. He has provided support, guidance and created an environment where people can grow and feel empowered.

The result of this four year transformation is that Cornerstone has been shaped into a highly innovative team, which employees rate as a great place to work. And from that cornerstone, we will continue to build on our future success.

Thank you Rhys for everything you have done on a personal and business level. We will miss you.

Making stronger connections with local MPs

As part of our Speed Up Britain campaign to promote the faster roll-out of infrastructure across the UK, we recently welcomed local MP’s to some of our sites to help them understand what we do and how their support can help local communities.

Our first visit was in North Wales with Clwyd South’s MP, Simon Baynes. Julian Shariff, our Head of Property & Estates and Kevin Wright, our Generalist & Incident Manager from the HQSE team, attended the site visit. We showed what is required when building a site and how we maintain the equipment. We provided information about The Code legislation and the impact of the recent Supreme Court decision on speeding up the roll-out of infrastructure.

Simon Baynes MP said:
“I was very glad to have the opportunity to see and learn more about mobile infrastructure in Clwyd South – particularly as broadband and mobile connectivity is an issue on which my constituents are keen to see improvements. I was grateful to Kevin and Julian for showing me the site and for updating me on plans to deliver further infrastructure in Clwyd South and across the rest of North Wales.”

These visits were arranged to show local MP’s how our infrastructure enables communities to benefit from mobile connectivity. Their support is critical for our Speed Up Britain campaign, so our industry can upgrade equipment and build new sites quickly and efficiently to keep societies connected.  

To find out more about the Speed Up Britain campaign, visit www.speedupbritain.com

#strongerconnections #speedupbritain #ruralconnectivity #5gwales

5G: Check The Facts

Informing our landlords about new mobile technologies, like 5G, is important so we can help them understand our infrastructure and services better. We connected with Mobile UK, the trade association for the UK’s mobile network operators, to learn more about their 5G Check the Facts campaign and how it can help our landlords address any questions they may have. Read our blog with Gareth Elliott, Director of Policy and Communications at Mobile UK, who gives insight into 5G, the myths and the benefits that the next-generation mobile technology is providing to our communities.

What is the 5G Check the Facts campaign?

#5GCheckTheFacts is a public information campaign created by Mobile UK to highlight the benefits of 5G technology and to inform, educate, and dispel the myths surrounding the next-generation mobile networks. The campaign is endorsed by global bodies such as the Mobile Wireless Forum, and local authorities such as the Local Government Association, District Councils Network, County Councils Network, the GSMA, and the National Association of Local Councils.

Why has the campaign been created?

In 2020 Mobile UK launched the #5GCheckTheFacts campaign to fill a vacuum of information on 5G and challenge the narrative of misinformation.

At the height of the pandemic, the nation saw a spread of myths and conspiracy theories falsely linking the new technology to the spread of viruses including COVID-19.

Focusing on the provision of easy-to-use and accessible information, the campaign was designed to:

  • Raise awareness of 5G technology and its benefits while providing access to fact-checked, myth-busting and verified information from recognised sources such as the Who and Which?
  • Making the business case for investment to those in a position of influence.
  • Reassure the public about the safety of 5G and combatting conspiracy theories that had resulted in over 160 arson attacks on mobile infrastructure and over 300 incidences of abuse on telecommunications staff at the height of the pandemic.

Where can we find out more about 5G and the benefits it will provide to communities?

Mobile UK hosts a library of accessible, jargon-free content on its website to provide explanations and reassurances, alongside highlighting the benefits and opportunities 5G offers.

The industry body has also released a series of mini-packs that explain the key benefits that 5G technology will offer to popular industries including the manufacturing, healthcare, and automotive industries. Each mini-pack includes a selection of case study examples illustrating industry-specific 5G technology use cases.

Most recently Mobile UK released a report entitled, The Case for Local Authority Digital Champions. This report calls on the UK government to fund the Digital Champions for local authorities to:

  • Coordinate and prioritise digital connectivity.
  • Address digital exclusion as part of its levelling up agenda.

The report seeks to highlight how Digital Champions can deliver hugely positive outcomes in the smooth deployment of mobile networks and in building more effective relationships both within councils and with telecommunications providers.

There have been some conspiracy theories about new mobile technologies e.g. 5G. How can the campaign help overcome these myths?

Misinformation and conspiracy theories have real-world consequences that have previously led to arson attacks on mobile infrastructure and incidences of abuse towards telecoms engineers. The #5GCheckTheFacts campaign demonstrates how we are dependent on mobile connectivity to fill the information gap around the new technology.

By providing the public with content and collateral, free of technical jargon the campaign aims to tackle myths surrounding the technology, and since the campaign launch, Mobile UK has seen a steady decrease in public concern coupled with stronger awareness of 5G technology.

What can organisations and individuals do to help educate each other about 5G?

Engaging with bodies such as Mobile UK and others with the shared goal of improving mobile connectivity at a local level, bridging the technology skills gap, and reducing digital exclusion is the best starting place.

Mobile UK has collaborated with many businesses offering them a platform to discuss how the new technology can be used across different sectors leading to improved connectivity, more usage applications and innovation.

Anyone with materials or examples of 5G usage to share can get in touch with Mobile UK as well as visit the website, www.mobileuk.org to engage and share the public awareness campaign.

Our Family Policy – market leading in times of celebration and at difficult times

Our Family Policy is market leading, modern and forward thinking. We caught up with Emily Howey, People Business Partner, to understand what makes Cornerstone stand out in supporting employees during both celebratory and challenging times.

Emily, what’s the background to Cornerstone’s Family Policy?

Earlier this year we created a brand new Family Policy to add to our market leading health and wellbeing initiatives, and to recognise that the lives of our employees do not start and end at work. We researched what was showing up in the market place and compared this to our offering. We felt we could make improvements and revised our new Family Policy, which we believe reflects modern times and is, without doubt, market leading.

Which areas of Family Policy are Cornerstone market leading?

The policy is incredibly comprehensive with 2 elements in particular that I’ll make special mention to. The first is our Maternity Leave where we have increased from 13 weeks full pay to 16 weeks. So four months at full pay and then after that its 26 weeks at half-pay which is very competitive within the market place.

The other area is Cornerstone’s Secondary Parental Leave provision. Our policy recognises that today’s families are diverse and varied. The policy and the language contained within it reflects this, for example, including adoptive as well as birth parents and families with same gender parents. We offer our employees 12 weeks full pay which is inclusive of the statutory two weeks enabling secondary parents to be able to spend time with their family at such a special and important time.

In less celebratory times, where does Cornerstone stand?

We understand that there may be times when our employees may need a bit of extra care and support and we are proud to be able to offer this to our employees via our new Family Policy. For example, we provide support for employees who may need time to attend fertility treatment, or who are experiencing domestic abuse. We have also created further flexibility and support for those experiencing the menopause. Affecting at least 50% of the population, we believe it is an important and essential consideration.

Through this policy Cornerstone has once again shown that it adapts and changes with society and has its people at its heart, making it a great place to work!

Mobile Action Plan

Today, Economy Minister Gordon Lyons published the Mobile Action Plan for Northern Ireland (MAP NI).

The Mobile Action Plan highlights the actions that need to be taken to deliver the Executive’s digital connectivity ambitions. Via the industry trade-body at MobileUK, Cornerstone provided evidence and information to the cross-sector working group where we established the barriers and potential solutions to the roll-out of mobile technologies, which have been included in the Mobile Action Plan.

Read the full press release here.

Supreme Court Hearing Decision

The Supreme Court has handed down its judgment in two Cornerstone appeals on the meaning of the term ‘occupier’ as used in the Electronics Communications Code (“Code”) – those appeals being known as Compton Beauchamp and Ashloch.

Cornerstone’s appeals were heard alongside an appeal by On Tower and considered whether an operator, which already has electronics communications apparatus installed on land, can acquire new code rights from the landowner. The acquisition of new rights is vital to the roll out of telecommunications technology and improving connectivity in the UK.

The meaning of ‘Occupier’

Operators seeking new Code rights over land must obtain them either by agreement with ”the occupier of the land” or by asking the Court to impose rights under Part 4 of the Code. The question of who is ”the occupier” became crucially important because paragraph 9 of the Code says that a code right may only be conferred on an operator by the occupier of the land.

In earlier decisions, the Court of Appeal determined that, when an operator installs its equipment on the land, the operator itself will often become the occupier. It will, therefore, be unable to grant itself new rights; and so, cannot use the Code to obtain new rights at all.

Although the operator may be able to acquire new rights at the end of the term of its existing agreement through a renewal under the Landlord and Tenant Act 1954 or Part 5 of the Code, it would not be able to acquire additional code rights during the term of the existing agreement – even by consent. If the current agreement was incapable of renewal by either means, it would remain forever locked out of the Code leaving operators (and their networks) in an uncertain position.

Cornerstone’s arguments

Cornerstone argued that:

  • an operator is always able to acquire code rights under Part 4, whether the term of its existing agreement has expired or not;
  • the operator is never the occupier – its apparatus and any agreement it has over the land already should be completely disregarded when considering who was occupying the land (or, alternatively, that only an operator with a right to control the land could be an “occupier”);
  • the policy behind the Code was to provide operators with a speedy and cost-effective means of accessing code rights in order to maintain and extend coverage;
  • various parts of the Code clearly implied that an operator in occupation could acquire new rights under paragraph 20.

Supreme Court Judgment

The Supreme Court decided that:

  • the word “occupier” has different meanings depending on the context in which it is used and it is inherent in paragraph 9 of the Code that the “operator” who seeks a code right over an existing site must be different from “the occupier of the land”;
  • an operator’s own occupation of land (if any) should be ignored where that operator seeks new code rights over an existing site;
  • an operator can, therefore, reach a consensual agreement for additional rights with the landowner, or have additional rights imposed by the Court under paragraph 20 of the Code, during the term of an existing agreement; and
  • the correct landowner will usually be the person who conferred the rights to install to begin with, or their successor.

However, it also decided that:

  • during the term of a valid existing agreement, paragraph 20 can only be used to impose additional code rights and not to modify existing rights;
  • once a renewal under Part 5 has become available to the parties, that is the only route by which the operator and the site provider may agree to modify, renew or terminate code rights;
  • the Code does not require that all occupation of any operator with apparatus on land be disregarded – only the occupation of the operator seeking a new code right itself.

The Outcome of the Appeals

In Compton Beauchamp, at first instance, it was accepted that Vodafone was in actual occupation of the site rather than Cornerstone which sought the code rights. The Court’s determination meant that Vodafone should itself have sought the rights from the landowner, not Cornerstone. Due to this technicality, the Compton Beauchamp appeal was dismissed.

However, the reasoning of the Court of Appeal on the occupying operator problem has been unanimously overturned which is good news.

This means that, where an operator currently has no rights over an existing site, it can obtain a whole new agreement under Part 4 of the Code. Further, where it has a valid existing agreement, it can acquire new rights in addition to those it already has pending the renewal of that agreement. Given that so many code agreements are very out of date and limit the apparatus an operator may deploy, this allows operators to access much-needed rights to upgrade and share sites.

Accordingly, in the On Tower case, where the operator was itself in occupation and seeking code rights from the landowner, the operator’s occupation was disregarded and it could validly seek new rights from APW. Therefore, On Tower’s appeal was allowed.

How exactly the Supreme Court’s primary conclusion applies in scenarios where the operator enjoys a continuing 1954 Act tenancy over the site remains to be seen. The Ashloch appeal, whilst heard with the other appeals, is yet to be finally determined, the Court having requested further submissions on the extent to which Cornerstone was seeking new rights or a modification of its existing agreement.

What this means for Cornerstone

Although the appeal on Compton Beauchamp was ultimately dismissed, the Supreme Court has agreed with our interpretation that an operator in occupation seeking new code rights can obtain them under Part 4 of the Code from the landowner, even during the term of a valid unexpired agreement. This decision should help to now clarify the uncertainty that has lingered in this space and provide operators with the ability to ensure that their sites are fit for purpose and able to deliver the connectivity which the Government and the public expect.

A link to the judgment can be found at: https://www.supremecourt.uk/cases/docs/uksc-2019-0225-judgment.pdf