Podcast Location:
Download it here [file size: 23.9 MB]
IT, Technology & Telecoms
Commercial Property
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at practitioners who are involved in the leasing of telecommunications equipment or the use of premises in which to base such equipment. It aims to flag up the points of contrast and similarity between everyday commercial leases of property and leases that require modification to accommodate the needs of a telecoms operator.

After completing the course you will:
  • Understand the adaptations a commercial lease might require to accommodate mobile and fixed line telecommunications equipment;
  • Understand what standard covenants on non-interference apply to mobile telecoms equipment;
  • Be aware of the potential issues reconciling mast sharing and rights of alienation;
  • Know who is responsible for health and safety issues for mobile phone masts;
  • Understand how standard terms on yielding up premises operate with telephone masts;
  • Know what a ‘lift and shift’ clause is, how to negotiate them and how to accommodate changing use of masts to deal with rapid changes to technology;
  • Understand what is meant by co-location;
  • Understand what points of negotiation may need to be dealt with Landlords on rights of access and data security;
  • Know whether Tenants will be liable to for beach of illegal/immoral use covenants in the transmission of data;
  • Understand why forfeiture and other self help remedies might cause telecommunications provider difficulties;
  • Understand how damages might be calculated for breach of a lease with a telecoms provider.
Specialist Difficulty: 5 of 5
Practical Guide
Sources and References:
  • Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (SI. No 2003/2553);
  • Landlord & Tenant Act 1954 s43(3).

This podcast with specialist real estate practitioner Suzanne Gill of McGrigors is about the points of contrast between negotiating a commercial lease and negotiating a lease for telecommunications equipment, looking in detail at mobile phone masts and fixed line co-location arrangements.

Podcast added: 20/04/11

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