[2025] EWHC 1160 (TCC)

EE is a well-known mobile phone network provider and is one of the UK’s largest such providers. It is part of BT. For most parts of the country where EE’s mobile phone services are provided, the required link between its mobile phone mast sites and its core network infrastructure, is effected by fixed fibre/cable or microwave links. However, the remoteness of some areas or their terrain may mean that it is impracticable to use such links. In such cases, the link (or “backhaul”) is provided by satellite. Avanti provides such satellite links.

EE has around or makes use of about 20,000 mast sites. Of these, about 200 are in remote areas requiring satellite links as the primary connection with its core network. In other words, if the satellite link is not provided, then there will be no EE mobile services in the relevant area. There are a further 400 sites where the primary link is fixed fibre/cable or microwave, but if that primary link fails, a satellite link is required to act as the backup. The essence of the services provided by Avanti here consists of the provision of the initial infrastructure and then the provision of primary satellite links in the 200 sites and backup satellite links in the other 400 sites.

These services were provided, at least partially, in the context of EE’s separate contract with the Secretary of State for the Home Department (“the Home Office”) to provide mobile services including in respect of the Emergency Services Network which is a communications system commissioned by the government for use by emergency services, said to be a critical element of national infrastructure.

In the 600 sites referred to above, EE provides, through its own mobile network, the ability for any mobile phone user to make 999 calls even if this is in an area where that user’s own mobile network does not operate. In the 200 sites, if the satellite link fails or is no longer provided, it means that there is no ability for anyone using a mobile phone to access the emergency services. They can, of course, do so if they are able to use a landline in the ordinary way. For the other 400 sites, that contingency will arise if the primary backhaul link has failed, because there will be no backup satellite link.