Part 2: Telecommunications Infrastructure Section 68: Arrangements pending determination of certain applications under code
This Section amends paragraph 35 of the Code so that in cases where one of the parties has applied for an order seeking the renewal or termination of the existing Code agreement (to which Part 5 of the Code applies), either party may apply to the court for an interim order, pending determination of the full application.
	Such an application may seek interim changes to any of the terms of the agreement, including the financial terms. This is in contrast to the present position, which only permits such applications in relation to expired agreements (i) in respect of the consideration to be paid pending a full determination; and (ii) to be made by a site provider. The Section inserts a new sub-paragraph (4) into paragraph 35, which sets out the factors that the court will need to consider when making the order. These include the operator’s business and technical needs and the site provider’s use of the land.