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Infralink Consultation

Introduction

Thank you for taking part in the Infralink survey.

There are 12 questions to answer that should take you only a few minutes to complete.

Thank you.
1.Infralink’s approach is to offer a range of lease rights tailored to meet the requirements of most situations likely to be encountered across Scotland. For host property with any combination of high value / significant appearance / sensitive use, Infralink advocates more landlord control over network operations.

In general, Buildings will have higher value and more associated risk than Land. Similarly, Urban locations will feature higher values & associated risks than Rural locations. While exceptions may apply, standardisation and a systemised approach will bring wider benefits. Consequently, Infralink advocates the greatest degree of landlord control in an Urban Building setting and the least amount of landlord control in a Rural Land setting.

In relation to urban/building, do you think that the Infralink leases offer the correct amount of control a landlord might reasonably need in these varying situations?
2.In relation to urban/land, do you think that the Infralink leases offer the correct amount of control a landlord might reasonably need in these varying situations?
3.In relation to rural/building, do you think that the Infralink leases offer the correct amount of control a landlord might reasonably need in these varying situations?
4.In relation to rural/land, do you think that the Infralink leases offer the correct amount of control a landlord might reasonably need in these varying situations?
5.Infralink has identified key areas of the lease believed to have most impact on maintaining balance between promoting connectivity and protecting landlord’s interest and varied these according to the location and type of asset.

Please rank the level of importance of these areas based upon the interest you have/represent Rank 1-5 (1 most important, 5 least important).
From a Landlord's interest
From a tenant's interest
Specification of Tenants Equipment
Minimum term certain
Equipment rights to operate, add, upgrade etc
Assignment/Sharing/Sub-letting rights
Termination Rights (Landlord)
Termination Rights (Tenant)
Landlord Lift & Shift clause  
Definition of Emergency/Switch-off clause
6.The Infralink Payment Guidance follows case law in terms of using a 3-stage process for determining the financial sum. While there has been some case law that addresses Stage 1 (Asset no-network value), the appropriate values for Stages 2 (Tenant Benefit) and 3 (Landlord Burden) are still not as clear.

How suitable do you think the Stage 2 level is in the Infralink Payment Guidance in relation to TENANT BENEFIT?

7.The Infralink Payment Guidance follows case law in terms of using a 3-stage process for determining the financial sum. While there has been some case law that addresses Stage 1 (Asset no-network value), the appropriate values for Stages 2 (Tenant Benefit) and 3 (Landlord Burden) are still not as clear.

How suitable do you think the Stage 3 level is in the Infralink Payment Guidance in relation to LANDLORD BURDEN?

8.Ultimate rental value of the network site is NOT a key consideration when determining lease rights for any subject site. The main drivers are facilitating connectivity and protecting landlords from genuine risk. Do you strongly agree or disagree with this approach?
9.If you have used the Payment Guidance or Standard Leases please can you
explain the generic circumstances they were used in?
10.If you have used the Payment Guidance or Standard Leases please can you
feedback as to how effective they were in terms of making the negotiation process more efficient.
11.How likely are you to use the Infralink Standard Leases?
12.How likely are you to use the Infralink Payment Guidance?
13.Please can you explain your thoughts behind your answers to Q11 and 12
14.It would be very useful for our consultation if we knew which organisations completed this survey. If you are ok with this and us potentially following up on some of the points that you raise, please fill in your details below:
Current Progress,
0 of 14 answered