LC-2023-000734 - [2025] UKUT 00058 (LC)

Electronic communications apparatus is widely defined in Paragraph 5, in the following terms:

“(1)

In this code “electronic communications apparatus” means—

(a)

apparatus designed or adapted for use in connection with the provision of an electronic communications network,

(b)

apparatus designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network,

(c)

lines, and

(d)

other structures or things designed or adapted for use in connection with the provision of an electronic communications network.

(2)

References to the installation of electronic communications apparatus are to be construed accordingly.

(3)

In this code—

“line” means any wire, cable, tube, pipe or similar thing (including its casing or coating) which is designed or adapted for use in connection with the provision of any electronic communications network or electronic communications service;

“structure” includes a building only if the sole purpose of that building is to enclose other electronic communications apparatus.”

It is convenient at this point to identify a distinction between two different types of electronic communications apparatus. We will use the expression “ECA” to refer generally to electronic communications apparatus, as defined in Paragraph 5. There is however a distinction to be drawn between what were referred to, in the evidence, as Passive ECA and Active ECA. We will adopt the same expressions.

Passive ECA refers to the physical infrastructure on a mobile communications site, on to which radio transmission equipment is fixed. Putting the matter another way, Passive ECA refers to the infrastructure or equipment on the relevant site which does not itself transmit or receive signals or is not directly involved in the transmission or reception of signals. Passive ECA includes items such as masts, towers, head frames, plinths, and external cabinet casings. Active ECA refers to the actual radio transmission equipment on the relevant site, which is used by a mobile network operator to transmit and receive their signal or is directly involved in the transmission and reception of the signal. Active ECA includes items such as antennas, dishes, fibre and internal cabinet components.