SSE Telecommunications Ltd v Millar

Telecommunications – Telecommunications code – Use of dark fibres in fibre optic cable– Assessment of consideration and compensation. Sheriff Appeal Court: Allowing an appeal and refusing a cross appeal in proceedings between the operator of an electronic communications network and the owner of heritable property over which an overhead transmission line passed, who had been unable to agree a fresh telecommunication wayleave agreement, the court held that, properly construed, the telecommunications code did not prevent the pursuer from permitting third parties to use the dark fibres in its fibre optic cable in the transmission line and to the extent that the sheriff found otherwise he erred; however he did not err in holding that the proper approach to the construction of paragraph 7 of the code meant that there was no reason why the provisions of the code should be treated as falling outside the normal application of the Pointe Gourde rule.

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