Cooperation is vital to make the Electronic Communications Code work. But is everyone playing their part?

It’s been three years this month since the Government revised the Electronic Communications Code (ECC). It’s been a challenging journey as a mobile infrastructure services provider, but let’s look at how we as an industry have embraced the highs and tackled the lows.

Since the updated legislation was introduced, it has caused misinterpretations and a reluctance to accept the new code rights by the landowner community. But, tribunal cases between telecom operators and landlords have provided us with further clarity. Whether it’s been about the land valuation principles or code rights or other matters, the tribunals have helped guide us on what the new code entails.

But going to trial hasn’t been enough for the industry to understand what the code means, three years on. We have certainly seen a rise in consensual code deals over the past few months and experienced the industry growing in confidence in using the code.

Still, we are not quite where we need to be if we want the code to help us deliver the UK’s digital connected future.

What’s the impact if completing deals continue to take too long?

A recent report by the Centre of Policy Studies stated:
“If the average time to complete a deal remained at 11 months (five months beyond the six months intended by the ECC), it would mean an accumulative 10,400 sites would need negotiations completed within 2027, affecting 8.8m premises. The impacts are, of course, subject to a number of variations, but what is clear is that a substantial part of the population will not be receiving the best connectivity they could be without action to reduce these delays.”*

We need to recognise that if we want to benefit from enhanced digital services and explore the opportunities presented by 5G and future technologies, then we need to enable the telecoms industry to deliver its services quickly, cost-effectively and efficiently – the prime objective of introducing the code.

Stalling new site agreements or maintenance and upgrade works to existing infrastructure can create delays and impact the coverage and connectivity within an area. Therefore, we need the code to work.

We need to take a lead and act on this rapidly to ensure we deliver public and business demands for reliable connectivity.

Cross-industry support will make a difference

Cornerstone supports the Speed Up Britain campaign with other industry peers, calling on the Government to make the necessary changes to the code. We have made progress and the Government has recognised that there are loopholes in the code which must be addressed. We are working closely with them to ensure that the code provides a clear legal framework for landowners and operators to enter into agreements to allow for easier deployment and maintenance of telecoms infrastructure within the UK.

Rt Hon Patricia Hewitt, Speed Up Britain’s Campaign Chair stated: “There aren’t many low-cost ways to unlock serious economic growth, but small changes to the Electronic Communication Code could unlock billions of pounds in our economy, drive the UK’s COVID-19 recovery, and deliver significant regional growth.”

Connectivity continues to play a critical part in our lives. Although many of us already relied on mobile connectivity before the pandemic, the impact of Covid-19 has forced us to turn to digital services even more. Undoubtedly, this emphasises the need for us to work together even more closely as an industry to improve and deliver digital connectivity across the UK. We can all play our part in achieving this.

Cross-industry engagement between the legal, property and telecoms industries is needed to make this work. We need to aim for one goal, and that’s to achieve greater UK connectivity.

Download the article PDF here

* Upwardly Mobile – How the UK can gain the full benefits of the 5G revolution, 2020. By Alex Jackman and Nick King.

Tis the season to stay connected

As we draw to the close of a year that none of us could have predicted, the importance of staying connected has never been more under the spotlight. 

Since March 2020, the majority of the UK population have been spending more time at home, most of it not through choice but out of necessity to protect the nation’s health. Whether it has been to convert the kitchen table or sofa into the new home office or schoolroom to keep the kid’s education up to date, we’ve all had to adapt. Across the board, different generations have got to grips with Zoom or equivalent technology to stay in touch with loved ones they could not visit. 

For those unable to be at home, our NHS and social care workers, teachers, delivery drivers, supermarket assistants, refuse crews, having guaranteed connectivity has been vital to ensuring our key workers have been able to keep the UK going. 

Cornerstone is incredibly proud to be part of that national connectivity effort.  We have continued to maintain, upgrade, and build new mobile infrastructure sites up and down the country. All of this could not have been achieved without the support of our Partners and Landlord community. Together we have demonstrated the collective power of teamwork.

As we make our plans for the Christmas break, stay safe, stay well and stay connected.

We wish you all the best for a brighter, better 2021.

Cornerstone 

PRESS RELEASE

November 2020

– The future of connectivity in the West Midlands has been secured for the next decade –

– Fifth generation mobile networks critical to driving economic recovery in the region –

– Connectivity crucial to society in post-COVID era, presenting greater future opportunities –

Birmingham City Council and Dudley Council have signed landmark lease agreements with Cornerstone and MBNL – the key infrastructure providers for mobile network operators  Telefónica  (O2),  Vodafone, EE, and Three – to accelerate the roll-out of 5G network infrastructure under the guidance of West Midlands 5G (WM5G) Limited.

Thanks to the groundbreaking work of the team at WM5G, both Birmingham City Council and Dudley Council will enable their communities to be among the first to benefit from investment in 5G.

The collaboration between WM5G, MBNL and Cornerstone, as well as some of the region’s local authorities including Birmingham City Council and Dudley Council, has paid dividends, with up to 50 lease agreements being secured for 5G mobile sites in key locations across the West Midlands, paving the way for more.

The lease agreements afford security for mobile network operators and provide a framework for the ongoing development of mobile network infrastructure.  Reducing the barriers and time to deploy the required infrastructure – cutting the deployment time by six months or more – will only enable the benefits sooner to the citizens, businesses, and the public sector across the West Midlands.

The biggest obstacle facing the deployment of 5G networks across the UK has been the dramatic changes to legal and planning regulations governing the deployment of mobile network infrastructure. Market challenges have arisen from revisions to the Electronic Communications Code (ECC) 2017, causing delays to the deployment of mobile networks and hindering the roll-out of 5G.

The approach has been successful to-date; and having worked with all seven local authorities in the West Midlands Combined Authority area, the region was recently ranked highest in a 5G coverage survey undertaken by independent telecoms advisory company umlaut.

Minister for Digital Infrastructure, Matt Warman, said: “I welcome these new agreements that will deliver a boost to the speedy roll-out of 5G in the West Midlands.

 “The role local authorities can play in bringing the benefits of new technology to homes and businesses is crucial and I hope to see more councils adopting the same spirit of cooperation to deliver our bold plan for a digital infrastructure revolution.”

Dr Peter Bishop, Director for Digital & Customer Services at Birmingham City Council, added: “5G offers significant benefits to the citizens and businesses in Birmingham. It will drive the economic growth of the city, offer new innovative ways of working and new business models that will improve public service and I am really pleased that we have been able to work collaboratively with WM5G, MBNL and Cornerstone to achieve faster deployment of this technology.”

Councillor Ian Kettle, Cabinet Member for Regeneration and Enterprise at Dudley Council, said: “We’re pleased that our streamlined planning processes will help to support the growth of a 5G network in Dudley when it arrives in the borough. We are working hard to make sure this comes to the borough as soon as possible to help bolster our position as a key destination for new businesses for the future.”

Juliette Wallace, Business Planning and Property Director at MBNL, added: “MBNL is delighted to have successfully concluded new ‘code’ agreements with Birmingham City Council. Having these agreements in place ensures the swift and efficient roll-out of 5G and enables communities within Birmingham to realise the benefits of 5G connectivity.

“The agreements are the result of remarkable collaboration with the council and WM5G, which has provided instrumental support in facilitating the completion of the arrangements. 

“As a founding member of Speed Up Britain, MBNL will continue to work closely with the West Midlands Combined Authority and other local authorities to bring better mobile connectivity to more places across the UK.”

Iain Harris, Head of Special Projects at Cornerstone, added: “Cornerstone is delighted to announce the completion of 18 new ‘code’ agreements with Birmingham City Council and Dudley Metropolitan Borough Council. These new agreements will support the existing mobile network and the deployment of 5G technology to benefit local businesses and residents.

“The West Midlands 5G team has been instrumental in supporting both councils in these very collaborative negotiations using the Government’s new legislation, which intends to improve connectivity across the UK. All three parties have worked together to achieve this significant milestone that underpins increased connectivity in key locations as Birmingham and Dudley, thereby supporting the UK Government in its plans.”

Rhys Enfield, Head of Infrastructure Acceleration at WM5G, said: “Our programme has already helped our region’s towns and cities accelerate their access to 5G. Getting the infrastructure in place now, means that private and public sector organisations will get to experience 5G’s endless possibilities sooner. In turn, this will help to enhance the UK’s position as a world leader in 5G technology.

“Our input in securing these landmark lease agreements has been crucial. In promoting the benefits of 5G connectivity and collaborating with all the parties involved, we have ensured a much smoother path towards the delivery of upgraded 5G sites across the West Midlands. We can now reap the rewards of greater connectivity for the next decade and have the right foundations in place for the innovations of the future.”

For more information, visit: https://www.wm5g.org.uk/

ENDS

For further information contact:

Liquid

Ross Copping 

T: +44(0) 121 285 3762                                    

E: ross@weareliquid.com

Emma Johansson

T: +44(0) 121 285 4251

E: emma@weareliquid.com

Notes to Editors:

West Midlands 5G (WM5G)
WM5G Limited is a multi-million-pound programme that both the West Midlands Combined Authority (WMCA) and the Department for Digital, Culture, Media and Sport (DCMS) have set-up to develop the UK’s first region-wide 5G testbed.

Earlier this year, WM5G launched 5PRING – the UK’s first 5G application accelerator in Birmingham. Two further accelerators will follow in Coventry and Wolverhampton, and the facilities will provide private and public sector organisations with the opportunity to experience 5G first-hand and develop innovative new applications and services.

5PRING is being delivered in partnership with an O2-led consortium, and supported by Wayra UK, Deloitte and Digital Catapult.

5PRING – is also supported by the Greater Birmingham and Solihull Local Enterprise Partnership (GBSLEP) Local Growth Fund.

As part of the 5G Testbeds and Trials Programme, WM5G will maximise the productivity and efficiency benefits of 5G, creating new opportunities for UK businesses and encouraging inward investment. WM5G is designed to achieve citizen, public and private sector benefits from 5G and to accelerate the deployment of the technology across the region.

MBNL
MBNL is jointly owned by EE and Three, two of the UK’s leading and most innovative mobile operators.  Since established in 2007 as the industry’s first network-sharing joint venture, MBNL has been providing best-in-class mobile infrastructure services to EE and Three for serving their tens of millions of customers in the UK. 

Cornerstone
Cornerstone is the UK’s leading mobile infrastructure services company formed in 2012 as a joint venture between Telefónica UK (O2) and Vodafone.   Cornerstone acquires, manages and maintains over 20,000 sites across the UK, which houses their customers’ mobile equipment.

Fantastic to hear that our collective efforts with O2 have enabled customers in over 100 UK towns and cities to benefit from 5G, with rollout continuing ahead of schedule. In these current difficult times, 5G digital connectivity is a crucial requirement across all UK sectors.

Commenting on the O2 landmark, Denis Coakley, Chief Operating Officer, said: “We are delighted and proud that the Cornerstone family, working collaboratively with our valued external partners, has been able to significantly contribute to this success for O2. We’ve done this by delivering end to end excellence from site acquisition, through to Town Planning and ultimately, build enablement.

Similarly, we are proud to be part of Vodafone’s recent success in the umlaut results for 5G connectivity in London.

The 5G journey, of course, doesn’t stop here. Cornerstone will build on this momentum to ensure we continue to deliver network performance for our UK customers.”

To read more on O2’s achievement click here

Imagine life without digital connectivity. It suddenly dawns on you how the limitations and restrictions that you would experience impact your daily life.

These past few months, living through a pandemic has demonstrated even more how much we rely on digital services. 

Many of us have been able to carry on working from home even without our work premises. We have been able to stay in touch with our family, friends and colleagues despite being in lockdown. We have had an array of online services available to us, be it grocery shopping, home-schooling facilities, virtual GP appointments, banking services…the list goes on. 

But let’s not forget, we relied heavily on digital connectivity even before the pandemic. Over the years, the launch of next-generation mobile technologies has provided convenience and flexibility amongst all age groups. As with anything, when you get a taste of something good, you want more! And that’s why the public demand for mobile connectivity is ever-increasing. 

The Mobile Network Operators are under the spotlight to deliver these demands. However, they can’t do this alone. A collaborative process is required when it comes to providing mobile connectivity and coverage within an area. Let’s focus on the mobile infrastructure services organisations, like ourselves, Cornerstone. We acquire and manage the mobile infrastructure on sites on behalf of our operators, Vodafone and O2 (Telefonica). We need to place telecoms infrastructure in the right place. Landowners, including individual landlords, local authorities, or utility providers, play a crucial part in this process, agreeing to house our mobile equipment on their land or rooftops. 

“We acquire and manage the mobile infrastructure on sites on behalf of our operators, Vodafone and O2 (Telefonica). We need to place telecoms infrastructure in the right place.”

For years, that’s how it’s worked. Operators are the “tenants,” which means in exchange for occupying the land with infrastructure, a rental fee is payable to the landowner. In basic terms, that’s fair and makes sense as far as the landlord and tenant relationship works but those rents were rising exponentially and the increasing operating costs of a site was hampering the level of investment required by the industry to boost the digital economy. The Government recognised that to encourage the further investment required, the Electronic Communications Code legislation, which regulates the relationship between operators and providers of land for sites, needed revising. And so, it was, in December 2017, intending to reduce the costs of housing phone masts and other communications infrastructure on private land. This creates more opportunities for faster and more reliable broadband and mobile services.  

Has it worked? That is the million-dollar question. Although the legislation was meant to make it easier and quicker to roll-out and upgrade mobile equipment on sites, it has not quite reached its objective. There are several reasons as to why this is. There is a reluctance in the lower rents offered; there are misinterpretations of what the Code rights mean; there are uncertainties on what the new land valuations mean. But with Code tribunal cases taken place over the past two years, it’s evident that the Code legislation itself needs refining. Although it has brought positive outcomes, the Code is not working as it intended which poses a risk to the Government’s future digital strategy.

Recognising this need for change, the Speed Up Britain campaign launched in July 2020 to help lobby the Government to close the loopholes in the Code. The campaign was founded by Mobile UK, Cellnex, Cornerstone and MBNL (the organisations responsible for delivering the UK’s mobile infrastructure). 

Speed Up Britain is calling on the Government to make targeted changes to the Code so we can efficiently continue to deploy the UK’s mobile infrastructure. Delivering reliable mobile connectivity will enable us to benefit from digital services and smart solutions. 

Let’s Speed Up Britain to join the future.

Belinda Fawcett
General Counsel and Property & Estates Director, Cornerstone

Visit www.speedupbritain.com

Mobile technology and 5G are a vital engine of socio-economic growth, that Cornerstone is proud to enable. The GSMA has published a concise educational booklet about 5G. It explains the technology, how the networks operate, covers international safety guidelines for radio frequency levels, and addresses FAQ’s in circulation about the safety of 5G. It’s well worth a read. Take a look for yourself.

View booklet

Digital connectivity is providing vital links socially and economically, with 5G having the potential to keep us even more connected. Recently, we have all witnessed how important connectivity is this and Cornerstone will continue to bring you shared knowledge and industry updates throughout our 5G In Focus series.

Assembly Research has recently launched a new report, “Delivering Gigabit Britain: Broadband for all”, which highlights recommendations on how the UK can meet its connectivity targets.

To launch the report, techUK hosted a webinar to discuss the key findings with representatives including Belinda Fawcett from Cornerstone, Huawei Vice President Victor Zhang and representatives from CityFibre, Cambridge Wireless and Broadband Stakeholder Group.

For many years, we have experienced how the growth of mobile services has made a positive impact on us individually and our business lives.

But it doesn’t stop there.

With the increasing public demand for next-generation mobile technology, the telecoms industry is constantly delivering its services and finding innovative ways on how to keep us all digitally connected.

Although it is always a focus, during the COVID-19 Pandemic that we are currently facing, it has become even more important to build stronger connections with the landlord community, as well as the property and legal industries.

Mobile connectivity is enabling us all to access the emergency services, work from home remotely and be socially connected.

We need to work together and refer to the Electronic Communications Code legislation (ECC), which was updated in December 2017, to help maintain and roll-out mobile infrastructure more quickly and easily. It’s up to us all to play our key roles and use the ECC to overcome any uncertainties, while we carry on deploying and upgrading the nation’s critical infrastructure.

At Cornerstone, the UK’s leading mobile infrastructure services provider, we have supported the Government’s intention behind the ECC. We have been at the forefront of implementing the Code for the acquisition and maintenance of our infrastructure, which is placed on rooftops, greenfield sites (mainly in rural locations) and street work sites.

The changes in the ECC have presented different opinions and interpretations within the industries. However, using the Ofcom Code of Practice, and taking guidance from the tribunal decisions, will help us all to unveil the correct use of the ECC.

Now, more than ever, let’s work together to stay digitally connected across the UK.

Carlos Pierce, Head of Legal Projects Strategy & The Code Programme
Cornerstone

Cornerstone is the UK’s leading mobile infrastructure services company set up as a joint venture between Vodafone and Telefónica.

To find out more about the Code, visit:
/landlords/site-guidance

Follow Cornerstone on LinkedIn
www.linkedin.com/company/cornerstonenetwork

During a recent roundtable hosted by The Lawyer and Cornerstone, both sides of a vibrant and passionate discussion about the rapidly changing world of UK digital connectivity were shared.

The transcript pdf below from the Lawyer roundtable offers a snapshot of the key issues discussed. Download and read the full transcript article.

CHURCH OF ENGLAND TO HELP BOOST DIGITAL CONNECTIVITY FOR LOCAL COMMUNITIES

The Church of England has partnered with Cornerstone, the mobile infrastructure services company who own and manage sites for Telefónica (O2) and Vodafone, to help deliver improved connectivity in areas currently suffering from poor mobile phone coverage.

Cornerstone has entered into an agreement with the Church of England under the recent Electronic Communications Code to assist local churches who want to host facilities to improve local connectivity.

The deal will deliver improved connectivity across rural communities and inner cities and provide much needed coverage in hard to reach areas.

The move follows an agreement with the Government last year encouraging the Church of England to use its buildings and other property to improve broadband, mobile and WiFi connectivity for local communities.

The deal, which takes the form of a memorandum of understanding, will help deliver improved mobile connectivity by providing an efficient, predictable and fair process. Each installation will need the support of the church concerned. The memorandum of understanding provides a framework to help both parties comply with relevant legal requirements including – crucially for churches – ecclesiastical law. And it simplifies the process, for example by providing template agreements for parishes and providers, with a trusted contractor to manage the process.

The National Church Institutions of the Church of England (NCIs) recognise that hosting digital infrastructure on churches brings numerous opportunities to local communities and businesses, particularly within rural areas.

Improving mobile connectivity provides better access to online services and offers greater social communication with family and friends. With good mobile coverage and better access to digital facilities, businesses can extend their reach, and benefit from the opportunity to enhance local economies. 

The Electronic Communications Code was updated in 2017 by the Government to make it easier to install and maintain mobile infrastructure to improve mobile connectivity across the UK. This deal, under Code principles, supports those ambitions. It shows how collaboration can achieve outcomes that allow mobile network operators to fulfil their obligations to improve mobile coverage, whilst also respecting the importance of churches as historic buildings and community resources.

Matt Warman, Minister for Digital and Broadband, said: “We want to improve people’s lives by boosting connectivity in some of our hardest-to-reach areas.

Churches have always been at the heart of our communities and it is fitting this new agreement will support new infrastructure to better connect people in the surrounding area and help tackle social isolation and improve access to services.”

Becky Clark, Director of Churches and Cathedrals, said: “Church of England churches have been hosting mobile-phone infrastructure to provide services to local people for over 25 years, and in that time the importance of having access to strong, reliable mobile network coverage has increased beyond measure.

Our 16,000 church buildings are a Christian presence in every community and have always been used to provide local people with help and support – from food banks and night shelters to harvest festivals and weddings.

This new agreement is in that same model; it does not place churches under any obligation, but for those which are well placed to support better mobile connectivity it gives them a clear way forward which protects their interests, and the building’s historic importance. Churches provide for the needs of everyday life, and in the 21st century mobile connectivity is a key part of that.”

Belinda Fawcett, General Counsel and Director of Property and Estates, Cornerstone, said: “We are delighted to be working with the Church of England to provide better mobile services. The Code legislation has assisted us in reaching an understanding and we are confident that the churches and their communities will greatly benefit from improved connectivity. We are also very aware that churches have a duty to look after the historic significance of their buildings when installing mobile infrastructure and won’t let this be compromised in any way. This deal illustrates that working together benefits not only the parties involved but the wider community, whilst upholding the Government’s ambitions for a digitally connected Britain.”
 

NOTES

• For further information on Cornerstone visit www.cornerstone.network 
• The Church of England has partnered with NET Coverage Solutions Ltd to support the site acquisition, design and installation process, and to facilitate site access for maintenance and upgrades.
• Further information can be found on the Parish Buying website: https://www.parishbuying.org.uk/categories/phone-and-broadband/mobile-phone-infrastructure with guidance on connectivity in churches on https://www.churchofengland.org/connectivity
• Churches wishing to express an interest in hosting mobile telecoms infrastructure should contact the Church of England’s delivery partner, NET Coverage Solutions Ltd, at CoE@netcs.eu

For any press related queries, please contact news@cornerstone.network

The article below by Carlos Pierce, Head of Legal Projects Strategy and The Code Programme at Cornerstone featured in the Briefings section of The Lawyer, September 2019. Carlos outlines the impact of the Electronic Communications Code.

For more than 18 months the telecoms, property and legal industries have faced a challenging journey created by the introduction of an updated Electronic Communications Code.

Landowners and operators recognised that the old Code was outdated and needed to be reformed to support the roll-out and maintenance of future network services to deliver greater connectivity to the UK public.

When the improved Code came into effect in December 2017, there was ambiguity as to how the industry would react. On the one hand, telecoms and infrastructure operators welcomed it as a mechanism for helping to keep up with the growing demand for mobile services. But on the opposite spectrum, there has been considerable resistance from property owners due to the changes it has presented.

Is resistance putting the future of UK connectivity at risk?

It seems that the primary objective of the legislation seems to have been forgotten – enabling the industry to deliver greater connectivity for everyone in the UK.

Enhanced mobile coverage, and reliable connectivity, will bring significant benefits to businesses, individuals and rural communities and will continue to do so as mobile generations grow. So why the reluctance by some parties to accept the Code?

A key issue is how much operators pay landowners for sites

One of the main differences in the Code is how it has affected rental income for the landowner. And this is really the crux of the issue. Both operators and landowners now accept that rents will fall. The question really is, by how much?

Good rental guidance has already been given by the tribunal in some early cases, but it appears that property owners are still reluctant to face those rent reductions.

But why? Comparably low rents are paid by gas and electricity companies for their infrastructure. And it is important to remember that the lowered rent is based on a new valuation methodology (well-established in the utility industries) to enable operators to realise savings to re-invest in their networks. It is not to improve the profits.

The previous system of landowners basing their rental figures on what it’s worth to the operator, hence the higher rents, wasn’t conducive for growing the mobile services sector – 5G and beyond – that we all demand as customers.

And is that the point? It’s easy to forget that the demand for improved mobile services is customer-led, by us, as consumers. It’s what we want.

At Cornerstone, we have been at the forefront of implementing the Code. We have been engaging with landlords, and their agents, to reach consensual agreements using the Code for site acquisitions and maintenance of our infrastructure which is placed on rooftops, greenfield sites in rural locations and street work sites such as lamp posts.

However, in situations where the Code has posed issues, these have been taken to the Upper Tribunal (Lands Chamber).

Although it’s not the ideal route, the tribunal outcomes have given further clarity on how the Code should be used by all parties.

Adhering to the Code

To further support the Electronic Communications Code, Ofcom produced a Code of Practice in 2017, to complement the Code, to help promote best practice in how it is implemented. It encourages all parties to respectfully, and professionally, engage so that we can ultimately work together to achieve better communication services. Surely, we should take advantage of this?

I have no doubt that the Code will help us all get to the end goal it set out to achieve. Our digital economy will go from strength to strength if we all adopt the new Code rationally. But there is a risk that failure to do so could impact the future of UK connectivity.

The Government has given a helping hand to the property and telecoms industries by directing them with the use of the updated Code. However, the legal industry should also recognise the part that it plays in taking a positive leadership role in facilitating the implementation of the Code to enable a greater connected UK.

Download the full article PDF here.