On Tower UK Limited v AP Wireless II (UK) Limited

On Tower UK Limited v AP Wireless II (UK) Limited

An operator with merely the benefit of a code agreement is a 'party to a code agreement' for the purposes of Part 5 of the Electronic Communications Code. The Code's purpose and structure support this interpretation, enabling the operator currently exercising code rights to invoke Part 5 procedures, regardless of whether the burden of the agreement has also passed. This construction best fits the statutory language and legislative intent.

Parties
Respondent / Claimant: ON TOWER UK LIMITED; Appellant / Respondent: AP WIRELESS II (UK) LIMITED
Jurisdiction
England and Wales
Judgment Date
02 March 2026
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Electronic Communications Code, Assignment of Code Rights, Interpretation of 'party to a Code Agreement', Statutory Construction
Property Law Telecommunications Law Electronic Communications Code Assignment of Code Rights Interpretation of 'party to a Code Agreement' Statutory Construction

Case Brief

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Parties

ON TOWER UK LIMITED

Respondent / Claimant

AP WIRELESS II (UK) LIMITED

Appellant / Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal (lands Chamber) to Court of Appeal

Legal Issues

  1. 1 Whether an operator with only the benefit (and not the burden) of a code agreement is a 'party to a code agreement' under Part 5 of the Electronic Communications Code
  2. 2 Whether the benefit alone suffices for an operator to invoke Part 5 procedures, including applications under paragraph 33

Ratio Decidendi

An operator with merely the benefit of a code agreement is a 'party to a code agreement' for the purposes of Part 5 of the Electronic Communications Code. The Code's purpose and structure support this interpretation, enabling the operator currently exercising code rights to invoke Part 5 procedures, regardless of whether the burden of the agreement has also passed. This construction best fits the statutory language and legislative intent.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The decisions of the Upper Tribunal and First-tier Tribunal are upheld.