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The new Digital Economy Bill, mentioned in the Queen’s Speech, has completed its second reading in Parliament and is progressing through the stages required to become law. A significant element of this Bill proposes amendments to the Electronic Communications Code (ECC).
The ECC sets out rules governing agreements between landowners and mobile mast operators, including limits on mast height and placement. Originally drafted in 1984—long before modern mobile technology existed—the ECC has not undergone a comprehensive update in more than three decades.
For the telecommunications sector, substantial changes to mobile infrastructure regulation are necessary for the UK to keep pace with advances in wireless services and the global mobile revolution. What should industry stakeholders know about the proposed ECC reforms?
Reform of the Electronic Communications Code was first introduced in the previous Digital Economy Bill under Ed Vaizey, the former Minister for Culture, Communications and Creative Industries. In the 2016 Budget, the Chancellor highlighted a desire to give UK networks more flexibility. The original ECC aimed to balance the rights of mobile operators and landowners while supporting digital infrastructure rollout by enabling mast construction on private land with fair compensation and providing mechanisms to resolve disputes. However, that framework was created when mobile networks and consumer demand were still nascent.
Among the proposed changes are adjustments to height restrictions that would allow operators to extend masts without seeking planning permission. Today, many rural areas still suffer from patchy or non-existent mobile coverage.
Delivering reliable signal in remote locations is complex, but the current reality has created a clear divide between consumers who have good mobile coverage and those who do not—an outcome that is increasingly unacceptable. Regulators have taken note: the Digital Economy Bill proposed giving Ofcom powers to fine operators that fail to meet coverage targets, such as the commitment to reach 95% UK coverage by 2020.
A tall order
The ECC revisions could help operators close coverage gaps. Under the proposals, operators would be able to build new masts up to 25 metres tall in non-protected areas without planning permission; the current limit for such sites is 15 metres. In protected areas, the automatic permitted height would rise from 15 metres to 20 metres.
Operators would also be allowed to increase the height of existing masts to 20 metres in both non-protected and protected areas without prior approval, and to extend existing structures between 20 and 25 metres in non-protected areas subject to prior approval. Additionally, operators would gain an automatic right to upgrade equipment on masts in protected areas, aligning those rights with existing permissions in non-protected locations.
These changes mirror international moves to densify networks and prepare for growing demand. Regulators and operators worldwide are seeking ways to reduce coverage black spots and support next-generation services. For example, in the United States the FCC has encouraged streamlining deployments of small cells to build denser networks capable of handling future 5G demand.
The proposals also address commercial arrangements between operators and landowners. One suggested change would decouple mast rents from the underlying land value. While masts deliver important local benefits, maintaining constructive relationships with landowners will be vital to expanding infrastructure. Allowing rental rates to be set through open negotiation in a freer market is likely the most practical route. Faster processes for removing masts at the end of lease terms could also make landowners more willing to host sites, since they could more easily sell or repurpose their property after the agreement concludes.
Change is needed for the mobile industry
The Digital Economy Bill’s proposed amendments to the ECC represent a meaningful step toward modernising the regulatory framework for electronic communications. Greater permitted mast heights, streamlined deployment options, clearer site-management rights, and more realistic leasing arrangements would enable operators to expand and upgrade networks more quickly and efficiently. If operators and landowners embrace these changes, consumers should see faster improvements in coverage and service quality both now and in the years ahead.