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

Fecha: 20-Feb-2025

The parties

The parties

10.

Vodafone is an operator, within the meaning of Paragraph 2. Specifically, Vodafone is an entity to which the Code has been applied by means of a direction made by Ofcom pursuant to Section 106 of the 2003 Act. Such directions may be made for one or other of two purposes:

(1)

The Code may be applied to an entity, as in Vodafone’s case, for the purposes of that entity providing an electronic communications network. Entities which are designated as an operator for these purposes are commonly referred to as mobile network operators (“MNOs”). They are the entities which actually provide mobile communications services to the public. They include the entities which currently trade as EE, H3G and Virgin Media O2 (the trading name under which, as we understand the position, Virgin Media and Telefonica operate as a joint venture).

(2)

The Code may be applied to an entity for the purposes of that entity providing a system of infrastructure for use by MNOs in the provision of their networks. Such entities supply the various types of infrastructure which MNOs make use of in the provision of their networks. Such entities are commonly known as wholesale infrastructure providers (“WIPs”) or tower companies. The latter expression is used because WIPs commonly own mobile phone masts or towers to which MNOs attach the equipment, such as aerials, which MNOs use to transmit and receive their signal. WIPs thus provide mobile communications infrastructure to their customers, who are the MNOs or other WIPs.

11.

Both Icon and APW have the same parent company; AP Wireless (UK) Limited (“AP Wireless”) and are part of the AP Wireless Group. The ultimate owner of the AP Wireless Group is Radius Global Infrastructure Inc (“Radius”). Through its subsidiaries, Radius holds thousands of mobile communications sites in Europe, Australia and North and South America. In the UK two of the asset owning entities of the AP Wireless Group are Icon and APW. APW, which is not a Code operator, holds freehold or leasehold interests in around 1,950 sites in the UK. Icon owns the freehold or leasehold interests in around 50 sites including, now, the freehold interest in the Vodafone Site. Icon has been designated a Code operator, as a tower company or WIP. Icon’s business is the provision of mobile communications sites and, in some cases, the infrastructure for such sites.