CityFibre UK Completes Primary FTTP Broadband Build in Aberdeen

Network access provider CityFibre, which has so far built their 2.5Gbps speed Fibre-to-the-Premises (FTTP) broadband ISP network to cover 4.3 million UK premises (4.1m Ready for Service), have confirmed the completion of their “primary” £59m build in the city of Aberdeen (Scotland).

The long-running network deployment, which was originally announced in February 2018 (here), has now built to over 105,000 homes in Aberdeen (around 97% of the city’s premises) via over 762km of new fibre cable. The full fibre network also connects more than 160 public sector sites, including council offices, schools, libraries and leisure centres (this bit is more akin to Dark Fibre).

NOTE: CityFibre is owned by Antin Infrastructure Partners, Goldman Sachs Asset Management, Mubadala Investment Company and Interogo Holding. The network is supported by UK ISPs such as Vodafone, TalkTalk, Zen Internet, Sky Broadband (later in 2025) and many others, but they aren’t all live or available in every location yet (mix of technical reasons and exclusivity deals).

As usual, CityFibre aren’t the only gigabit-capable broadband network present in the city, with Aberdeen also being home to significant FTTP coverage from Openreach’s network. On top of that there are several smaller deployments from Hyperoptic, OFNL, Grain and probably others.

The operator said they would now “continue to explore opportunities to connect more homes and businesses, including flats, new-build homes, business parks and homes on private roads.”

Paul Wakefield, Partnership Manager at CityFibre, said:

“We’re really excited to have finished our primary build in Aberdeen. Across the city, residents can now access all the benefits full fibre connectivity has to offer, enabling more people in the area unlock seamless homeworking, streaming and learning.

“Aberdeen’s economic strength and vitality make it a cornerstone of prosperity, not just for Scotland, but for the entire UK, and we look forward to building on our previous success powering the city’s future economic development.”

The alternative network operator, which has so far attracted 518,000 live customers and also expects to have upgraded their entire network to 10Gbps capable XGS-PON technology by mid-2025 (here), currently still aspires to cover up to 8 million UK premises with their new full fibre network (funded by c.£2.4bn in equity, c.£4.9bn debt and c.£800m of BDUK / public subsidy) – representing c.30% of the UK. But quite when they’ll reach that point is unclear, and they’re known to still be in need of fresh funding (here).

Vodafone using drones to plug holes in damaged networks

News

Using Taara’s wireless optical networking tech, two drones can establish a birectional connection over multiple kilometres, allowing the operator to bypass damaged sections of its network

This week, Vodafone has announced it is piloting a new drone solution aimed at helping networks stay operational in the event of cable damage.

The drones, operating in pairs and equipped with wireless optical technology from the Taara Project, aim to provide a wireless bridge across damaged network infrastructure. The Taara terminals themselves include a mirrors and sensors that point, acquire, and track beams of visual light, which is delivering data point-to-point.

Vodafone says it has completed a success trial of this technology in Seville, Spain, which saw one drone tethered to a mobile mast and another tethered to a Vodafone data transport hub 3km away.

Little detail was given about the quality of the ‘temporary connection’ achieved by this pilot project, but in tests back in 2021, Taara’s optical technology was shown to be capable of delivering bidirectional throughput of up to 20Gbps at a range of up to 20km.

Vodafone says that the drone solution’s versatility lies in its speed of deployment, making it ideal for quickly responding to cable breaks from construction or vandalism. It could also be a useful option for providing emergency connectivity in the event of natural disasters.

Taara itself suggests its technology has far broader applicability, such as establishing connections across difficult terrain, such as across rivers and sea straits, and connecting areas where terrestrial infrastructure may not be permitted, like national parks. In these more permanent deployments, deploying the Taara equipment directly on suitable fixed infrastructure will likely be preferred if available.

Further details of the partnership are expected to be shared at this year’s Mobile World Congress event.

The Taara Project is a product of X (previously Google X), part of Google’s so-call ‘mooshot factory’ that also produced the now defunct Loon connectivity platform project.

Taara’s technology is already being used by a handful of operators worldwide, including Bharti Airtel in India, Digicel in various parts of the Pacific, and T-Mobile in the USA.

Keep up to date with the latest international telecoms news by subscribing to the Total Telecom newsletter

Also in the news:
Navigating the depths: Strategies for delivering successful subsea cable projects
Vodafone–Three reveals leadership team
French energy giant EDF offers up land for data centre projects

GSMA AI Customer Care Study 2025: How MNOs are leveraging AI to Revolutionize Customer Support

Stockholm, Sweden – 19 February 2025 – SUBTONOMY, the world’s leading telecoms technical customer support vendor, is featured in a new report released today by the GSMA’s Mobile World Live, the online communications hub for the global mobile industry. Subtonomy sponsored insight into AI adoption in the customer care domain in the newly-released AI Survey 2025, which provides a barometer of uptake of AI as the mobile industry shifts to intelligent operation.

Mobile Operators see huge potential in AI-drive customer care 2025

Mobile World Live surveyed its 180,000 members, which represent mobile network operators, MVNOs, device manufacturers, systems integrators and service providers, to provide an up-to-date picture of how they view AI adoption in the mobile industry.

In the customer care domain, it found members could see huge potential for AI in customer care, primarily to tackle long-standing challenges such as resource constraints, operational costs and the drive to provide better customer care experiences.

When respondents were asked where they thought AI would deliver the most value in the next 18 months, the survey found:

  • 54% said it would help them deliver round-the-clock (24/7) support

  • 52% thought it would assist in reducing customer care costs

  • 48% believe it is integral to boosting customer satisfaction and loyalty.

93% are already using smart chatbots

Nine in ten mobile operators (93%) are already using smart chatbots within their customer care operations, with less than one in ten (7%) yet to adopt these intelligent virtual assistants. However, they are at different stages of maturity in terms of the type of inquiries their chatbots can handle.
  • Least advanced performers – 1 in 10 mobile operators (7%) say they are not using smart chatbots at all

  • Average performers – 7 in 10 mobile operators (74%) say their chatbots handle up to half their customer inquiries

  • Advanced performers – 2 in 10 (19%) say their chatbots are sophisticated enough to handle more than half their customer inquiries. Of these, just 3% have chatbots that are able to handle more than 75% of inquiries.

Predictable barriers are holding back innovation

Many operators report being stuck and not able to move to the next stage – often for entirely predictable reasons. More than half (56%) say their initiatives are being held back by lack of internal resources such as the availability of skilled staff and lack of budget. Budgetary constraints are particularly problem with many operators struggling to articulate a clear business case for deployment. Another major barrier is the lack of accessible data – a problem that’s particularly acute for 32% of respondents. Other operators complain that even where a solution is available, it’s often not suitable for the telecoms environment[i].

“The Mobile World Live AI Survey 2025 demonstrates the huge potential for mobile operators to achieve their goals of saving money, alleviating pressure on call center agents and providing a better experience for customers by moving towards a higher level of digital self-care supplemented by more sophisticated chatbots,” comments Andreas Jörbeck, CEO, Subtonomy. “This is where Subtonomy comes in. We know that while AI is the engine, data is the fuel. And telecoms data is like no other.”

Jörbeck explains that his company has years of experience working with major telecoms groups to help them squeeze more value out of the data trapped in operational silos to provide better customer care.

“At Subtonomy we’re already fuelling our customers’ initiatives to deliver the full potential of AI. Whether they’re working on AI-enhanced chatbots in self-care channels or intelligent co-pilots in the call center, our data mediation platform and network APIs are the foundational elements required to deliver intelligent customer care today.”

[i] 23% say they have difficulty sourcing telecoms-specific AI models and 18% say they have problems sourcing a telecoms-specific third-party solution.

Download the full report here.

NOTES FOR EDITORS

 

About Subtonomy

In today’s fast-paced world, customer expectations are sky high. Subtonomy, the only telecom product provider dedicated to technical customer support, delivers AI and ML powered, real-time insights into customer experiences across any network, whether it’s 2G, 5G, FWA, or beyond. We empower telecom operators to deliver seamless, personalized support at the speed of now. From isolating issues instantly to enabling proactive care, our easy-to-use applications drive superior customer experiences and operational efficiency. Trusted by telecom operators since 2012, we’re proud to have a 100% satisfied client base and to have been finalists in the 2022, 2023 and 2024 World Communications Awards for Total Experience.

 

At Subtonomy, we’re on a mission to rethink telecom support. Are you with us?

CSA Cyber joins the Microsoft Intelligent Security Association

CSA Cyber today announced it has become a member of the Microsoft Intelligent Security Association (MISA), an ecosystem of independent software vendors (ISVs) and managed security service providers (MSSPs) that have integrated their solutions with Microsoft Security technology to better defend our mutual customers against a world of increasing cyber threats.

Microsoft lies at the heart of CSA Cyber’s Security Operations Centre (SOC), with Microsoft Threat Protection and Microsoft Sentinel underpinning a Managed Detection and Response (MDR) service that provides 24/7 protection for clients. Continuous monitoring by experienced security analysts enables threats to be spotted before they become breaches – giving customers peace of mind while they focus on their core operations.

“At CSA Cyber we have been supplying cyber security services using the Microsoft suite of products for the last 3 years,” said Dave Woodfine, Managing Director, CSA Cyber. “Our relationship with Microsoft has been going from strength to strength and we are delighted that we have been accepted to be a member of MISA.  This will enable us to expand our cyber services further and continue to learn and implement the range of Microsoft services available for us to enrich what we can offer to our clients.”

“The Microsoft Intelligent Security Association has grown into a vibrant ecosystem comprised of the most reliable and trusted security software vendors across the globe,” said Maria Thomson, Director, Microsoft Intelligent Security Association. “Our members, like CSA Cyber, share Microsoft’s commitment to collaboration within the cybersecurity community to improve our customers’ ability to predict, detect, and respond to security threats faster.”

Established in 2018 to bring together Microsoft leaders, ISVs, and MSSPs, MISA focuses on collaborating to combat security threats and create a safer environment for all. Its mission is to provide intelligent, industry-leading security solutions that work together to help protect organizations at the speed and scale of AI in an ever-increasing threat landscape.

Partners who are interested in learning more can visit the MISA Website: Microsoft Intelligent Security Association.

 

 

About CSA Cyber:

 

Founded in 2013 by Managing Director Dave Woodfine and Technical Director James Griffiths, Cyber Security Associates Limited trading as CSA Cyber provides cyber consultancy and cyber managed services which help to detect, protect and educate against the ever-changing cyber threat. We have built our team from a foundation of Government (ex-Military) and commercially experienced specialists all holding current and relevant cyber certifications. Today our core services are based around a 24/7 Security Operations Centre (SOC) based in Gloucester, while also providing trusted and professional cyber consultancy advice and guidance to both new and existing clients.

 

CSA Cyber continues to grow its capabilities and security certifications to ensure it remains a world-class cyber security provider. CSA is a Microsoft Certified Partner and an Advanced Security Specialist Partner in Threat Protection and an IASME Cyber Essentials and Cyber Essentials Plus Certification Body.

 

Since a strategic investment in 2021, CSA Cyber has been a part of the FluidOne family, where it acts as the cyber centre of excellence. The addition of a dedicated cyber security centre to its portfolio strengthens FluidOne’s secure Connected Cloud Solutions offering, which encompasses products and services across IT and cyber, alongside comms and connectivity.

 

For additional information:

Please contact us via –

Email: hello@csacyber.com

Phone: +44(0) 300 303 4691

 

Product or service names mentioned herein may be the trademarks of their respective owners.

 

 

DataVolt Signs an Agreement with the Saudi Authority for Industrial Cities and Technology Zones to Build a Data Center Facility in Riyadh

Riyadh, Saudi Arabia – 20 February 2025 – DataVolt, a developer, investor, and operator of sustainable digital infrastructure, and The Saudi Authority for Industrial Cities and Technology Zones (MODON) have agreed land lease terms for the development of a state-of-the-art AI-Ready data center in Riyadh. The 55,000 square meter plot is located in east Riyadh’s First Technology Park. The data center facility will be designed for advanced AI processing and will serve growing demand from hyperscalers, cloud and content providers, and enterprises in the KSA. 

DataVolt will build a sustainable data center facility on the plot with cutting-edge cooling systems, and with an advance circularity approach. The data center facility will also be powered by optimized energy solutions.

“We are providing mission-critical digital infrastructure that will support the KSA’s position as a global leader in AI while offering customers sustainable data center solutions. Over many months, we have worked in collaboration with MODON to develop this project and we are proud to move forward and deliver another state-of-the-art facility,” said Rajit Nanda, CEO at DataVolt. “Every step we take directly aligns with Saudi Vision 2030 and supports the government’s goal of diversification and sustainability across the economy and society as a whole.”

DataVolt’s investors and team have successfully developed and operated over 20GW of renewable energy assets across nine countries, deploying scalable and cost-effective solutions. Its unique approach increases operational efficiencies, reduces carbon emissions, and enables customers to grow their digital footprint while meeting sustainability goals. 

“The opportunity in artificial intelligence is accelerating and we are focused on both enabling AI innovation while ensuring we minimize its impact on the environment. We have the technology, expertise, and talent to deliver trusted sustainable data center facilities and ensure that society benefits from a cleaner and greener digital economy,” said Nanda.   

DataVolt has demonstrated its technical, development, delivery and operational capabilities as part of the assessment process to deliver sustainable, high performance data centers. This development is part of DataVolt’s $5 billion investment in the Kingdom, which supports digital infrastructure delivery.

 

 

ABOUT The Saudi Authority for Industrial Cities and Technology Zones (MODON)

Modon since its establishment in 2001 has been undertaking the development and supervision of industrial lands and integrated infrastructure. Today, it oversees 39 existing and under development industrial cities across the Kingdom, in addition to private industrial cities and complexes.

Modon succeeded in raising the area of developed industrial lands until now more than 219 million m² . These cities manage more than 7000 industrial and investment contracts and more than 6900 factories between producer, existing and under construction and establishment, employing more than 590,000 male and female employees.

https://modon.gov.sa/

 

ABOUT DataVolt

DataVolt is an operator of data centers, integrating dedicated high-availability multi-technology renewable energy infrastructure solutions and green fuels, with a strong focus on innovation, sustainability, and scalability. Headquartered in Saudi Arabia, with offices currently in the USA, Uzbekistan, India, and the UAE, and presence in South Korea and South Africa. DataVolt has strong global ambitions spanning across the Middle East, Africa, and Asia. DataVolt’s core focus is servicing the needs of hyperscalers, large enterprises, and government institutions. 

www.data-volt.com

For any enquiries, please mail: enquiries@data-volt.com

AI-driven 5G Network Slicing for Maritime Communication

At MWC 2025 Barcelona, BubbleRAN is showcasing in collaboration with Telenor Research & Innovation and NVIDIA agentic AI-based Intelligent network slicing technology for private 5G.

Network slicing is a technology that enables telecom operators to guarantee quality of service or specific applications or users, enabling them to offer premium services to enterprise customers. In current software implementations, a rules-based approach is used to create dedicated slices across access, transport and core. With advances in generative and agentic AI, complex reasoning and decision making is now possible for large-scale and dynamic data sets, making these technologies perfectly suited for a use case like network slicing. BubbleRAN’s intelligent network slicing solution leverages AI to significantly improve network experience and reduce operating expenses.

Telenor Research & Innovation, the experimental arm of the leading mobile network operator in the Nordics, is exploring differentiated services for private 5G networks in maritime transportation. Isolating network resources for different usage profiles is critical in applications where non-identical classes of service are involved. “In a cruise ship environment, we want to ensure that mission-critical traffic flows are treated with priority in the presence of other traffic types such as robotic remote inspection information, and broadband data for the passengers. This scenario requires an effective implementation of network slicing of the cruise private network,” says Senior Researcher Geir Egeland (Telenor R&I) and CTIO Knut Fjellheim (Telenor Maritime).

The intelligent network slicing solution, developed by BubbleRAN leverages NVIDIA NIM microservices (for both lama 3.1 70B Instruct and lama 3.1 8B Instruct), part of the NVIDIA AI Enterprise platform, and NeMo microservices to create and train large telecom models (LTMs). The LTMs provide foundation functionality for network agents that not only understand different traffic types but the optimizations required to support the desired quality of service across the end-to-end network. These agents actively observe the network states and metrics and continuously apply reconfiguration, management, and control actions to meet the desired quality of service. The LTM agents also offer a conversational interface to network engineers and are able to access various datasets through APIs to provide contextual answers related to network performance, service intent and suggested actions.

This groundbreaking technology greatly improves the quality of service for end users and streamlines joint RAN and core network slicing by means of a Kubernetes Slice Operator. This slice-aware engine replaces the pre-configured schedulers particularly in the radio access domain, enabling a more dynamic approach to network slicing. In this maritime pilot, three slices are autonomously deployed, operated, and their resources are dynamically allocated over time as their requirements evolve.

BubbleRAN’s Intelligent Telco Agent technology scales beyond network slicing to transform daily network operations with significantly improved accuracy, reduced computational overhead, and lower inferencing latency. “Through this collaboration, network automation can reach a level never seen before in telecom,” said Navid Nikaein, CEO at BubbleRAN. “By integrating AI-driven intelligence into 5G, we are not just improving efficiency—we are transforming mobile network operations.”

This collaboration demonstrates how AI-powered network automation helps solve real-world challenges in mobile networks. The technology has the potential to scale across industries such as manufacturing, mining, and logistics, ushering in a new era of AI-driven network efficiency and optimization.

The full demonstration will be live from March 3-6, 2025, at BubbleRAN stand 6E9 at MWC Barcelona.

Lightpath Enters Phoenix Market with New AI-Grade Fiber Network

NEW YORK – February 19, 2025 – Lightpath, an all-fiber infrastructure-based connectivity provider that is revolutionizing how organizations connect to their digital destinations, announced its entrance into the Phoenix market with a new 230-route mile, high-fiber count network throughout the region, anchored by multiple hyperscaler customers. 

The Phoenix network build will encompass 230-route miles of underground, multi-conduit systems with capacity for 20,000 fibers, connecting 8 data center campuses and carrier hotel locations, with an additional 30+ data center campuses near the planned routes. The network will connect emerging data center ecosystems in Goodyear, Buckeye, Chandler, Glendale, Mesa, and Tempe, with additional connectivity to major carrier hotels throughout Phoenix Metro. 

Construction of the network has already commenced with priority routes targeted for completion in Q2 of 2025. Subsequent routes will be service-ready on a phased basis with overall completion in 2026.   

Lightpath will be offering a full range of infrastructure and connectivity services on its Phoenix network, including high-count dark fiber, conduit services, wavelengths up to 800 Gbps, Ethernet, Internet, and more. In addition to hyperscalers, the Lightpath Phoenix network will be available to enterprises, educators, governments, carriers, and wireless providers. 

“We’re thrilled to be partnering with our hyperscale customers to develop the next generation of fiber infrastructure in greater metropolitan Phoenix,” explained Chris Morley, CEO of Lightpath. “Phoenix represents the fifth largest data center ecosystem globally with 1.6GW of operational capacity and an additional 1+GW planned by 2027.”

Phoenix Network Designed to Support Massive AI-Driven Connectivity Requirements 

The massive fiber-density and overall capacity of the network design are direct reflections of the unprecedented connectivity demand the company is seeing from hyperscalers planning for AI-related initiatives. Lightpath previously announced $110 million of AI-related bookings in 2024 with a remaining demand pipeline of approximately $1 billion. 

“The incredible fiber density in our Phoenix network is designed to support AI workload requirements that are estimated to be 10x those required to serve today’s multi-cloud network architectures,” explained Tim Haverkate, EVP of Major Infrastructure Solutions, Lightpath. “Add to that more capacity for other market segments and customers, and this is the densest network we have ever brought to market, by far.”

Rural UK Broadband ISP Quickline Discounts 1000Mbps Package to £32

Rural ISP Quickline, which is deploying their own gigabit-capable full fibre (FTTP) and fixed wireless access (FWA) broadband network across rural parts of Yorkshire and Lincolnshire in England, has launched a new discount that offers their top 1000Mbps package for just £32 per month on a 24-month term to new customers (it’s normally £49).

The promotion, which is only available to the first 2,000 customers who take it, also attaches Quickline’s Price Promise (i.e. you’ll “never face mid-contract price hikes“) and some other things (e.g. symmetric speeds, 24/7 support, a free router, free installation and a 30-day money-back guarantee).

Quickline is supported by funding of c.£500m from Northleaf Capital Partners, as well as c.£296.4m of public subsidies from four Government Project Gigabit contracts (here, here and here), plus c.£225m in term loans and debt guarantees from the UK Infrastructure Bank (UKIB) and a £25m term loan from NatWest.

Vodafone and AST SpaceMobile to open research hub in Málaga

News

The Innovation Centre is supported by a grant from the Spanish Space Agency and will allow partners to test solutions combining satellite and mobile connectivity

Vodafone has this week announced the creation of a new innovation centre in Málaga, Spain, aimed at better integrating satellite and terrestrial mobile communications.

The centre’s creation is partially financed by a grant from the Spanish Space Agency and includes AST SpaceMobile and the University of Málaga as its key initial partners.

According to Vodafone, the centre “will specifically focus on the design, testing and validation of new open-source hardware, software, and processing chips that can work interchangeably in both space and terrestrial networks”, according to a joint press release.

More specifically, the centre will house a space-to-land gateway, allowing third parties to test services using AST SpaceMobile’s BlueBird satellites.

AST SpaceMobile launched its first five commercial low Earth orbit satellites in September last year. These satellites are designed to integrate with mobile networks, allowing regular smartphone users to access satellite connectivity whenever terrestrial connectivity is lost.

These initial five satellites are set to cover the US, while subsequent launches set to increase coverage across the globe.

AST SpaceMobile already has agreements with 45 mobile network operators worldwide, including Vodafone.

“As society becomes more digital, the need to close coverage gaps increases. Vodafone, together with AST SpaceMobile and the University of Málaga, will forge partnerships with like-minded organisations to build harmonious space and earth networks to meet Europe’s ambitious targets for ubiquitous digital connectivity,” said Alberto Ripepi, Vodafone Group’s Chief Network Officer.

Vodafone says that it expects to commercially launch direct-to-device satellite connectivity services in parts of Europe later this year.

The Centre is expected to open for partners by summer this year.

Keep up to date with the latest international telecoms news by subscribing to the Total Telecom newsletter

Also in the news:
Navigating the depths: Strategies for delivering successful subsea cable projects
Vodafone–Three reveals leadership team
French energy giant EDF offers up land for data centre projects

Mobile Operator Scores Key Court Win in Dispute Over UK Mast Leasing and Renewal

Mobile network operator Vodafone UK has won a key court case against leasing firm AP Wireless (inc. the affiliated Icon Tower company). Some operators believe the firm could risk damaging their roll-out of 5G based mobile broadband technology, such as by pushing up their costs and threatening the viability of future deployments.

Mobile operators have historically tended to lease their land directly from landowners. But in recent years APW has been stepping in to buy mast leases from existing landowners and then attempting to charge mobile operators a premium to use the sites. APW has also won some tribunal cases that have raised the rentals for certain sites (example), which pleased landowners.

NOTE: The current Labour government aims to achieve “national 5G coverage by 2030“, while Vodafone (inc. Three UK) aims to reach more than 99% of the UK’s population with their 5G Standalone (SA) network by 2034 and push fixed wireless broadband access to 82% of households by 2030.

The above situation is unsurprising as many landowners have suffered a sharp decline in rental payments (i.e. for allowing telecoms infrastructure on their land) since the government updated their Electronic Communications Code (ECC) in 2017 to boost network expansion. This made it easier and cheaper for operators to access and build on both public and private land (here), but it’s taken several years to find a fair balance for rental payments (often achieved through tribunal rulings).

Last year the Telegraph (paywall) similarly reported on how APW’s sister company, Icon Tower, had been constructing brand new mobile masts, often close to its existing sites. “These new masts are not subject to rent protections owing to a loophole in the ECC regulations. Operators have accused the infrastructure group of attempting to force them on to these new masts when existing leases expire – a move they say will pave the way for sharp rent increases,” said the newspaper.

Mobile operators often complain that Icon Tower is planning to build many more sites in this way, which has them worried about the impact on their future network expansions and ability to meet targets for 5G coverage. On the flip side, APW claims that the entry of Icon Tower into the market will “lead to lower costs for mobile phone users by increasing competition” (very debatable) and complains that mobile operators are simply attempting to “shut out competition in the market for mobile telephone infrastructure and protect a monopolistic position.” Some might argue that APW’s approach isn’t much better.

Upper Tribunal Ruling

The above situation has spawned more than a few court cases over the past few years, one of which reflects a recent dispute in the Upper Tribunal (Lands Chamber) – between Vodafone and APW/Icon – that focused on the ECC’s termination provisions for a mast site in Steps Hill. Vodafone had been seeking to renew their lease on the site, but then Icon (the effective landowner) sought to terminate the operator’s existing Code agreement without renewal, which would have required Vodafone to remove their apparatus.

As the landowner, Icon attempted to terminate the agreement based on three of four specific grounds allowed under the ECC (i.e. breach, redevelopment and public benefit). A second similar case between the parties also occurred in the County Court for a site at Pound Hill, which concerned Vodafone’s request to renew its existing lease of the site under the Landlord and Tenant Act 1954.

According to a summary of the cases posted by Osborne Clarke, Icon’s grounds were as follows:

  1. Breach. Icon alleged Vodafone had substantially breached the alienation provisions in its existing Code agreement due to its relationship with Cornerstone, an established infrastructure provider and a competitor of Icon, with which Vodafone has a longstanding relationship;
  2. Redevelopment. Icon had recently constructed its own electronic communications mast near to Vodafone’s existing site. Icon argued this constituted redevelopment which could not reasonably be done without terminating Vodafone’s existing Code agreement; and
  3. Public benefit. Icon sought to prove that Vodafone’s site caused prejudice to Icon (in relation to the potential future operation of Icon’s new site) which was not outweighed by the public benefit of Vodafone’s existing site remaining in situ.

This marked the first time that the Upper Tribunal had considered the termination grounds under the Code and both courts ultimately ruled in Vodafone’s favour. The courts found that, firstly, the public benefit of Vodafone’s existing mast site (and its lower rents) outweighed any such prejudice to Icon, which in any case could potentially be settled by other means (e.g. financial compensation).

On redevelopment, the courts determined that a number of works do NOT qualify as relevant redevelopment works, including, for example, works that will not be done by or on behalf of the landowner (i.e. “site provider”), such that it is not that site provider who intends to do the works. In short, the court made it much harder for Icon to pursue this sort of approach.

The court also determined that mast / telecoms sites fall within the types of land where day-to-day human activity is not particularly relevant to the question of business occupation, and found there was no breach of the alienation provisions.

Overall, mobile operators are understood to be pleased with the decision and the Upper Tribunal’s strict interpretation of the Code termination grounds, with one industry source telling ISPreview this morning that it was an “important defeat for a cynical business model that’s focused on extracting money from – not improving coverage for – mobile networks.” But few expect this to be the end of APW’s efforts.