The electronic communications code - Part 1 - Key concepts

Infrastructure Bill [Lords] – in a Public Bill Committee at 3:30 pm on 15th January 2015.

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Introductory

1 (1) This Part defines some key concepts used in this code.

(2) For definitions of other terms used in this code, see—

(a) paragraph 91 (meaning of “the court”).

(b) paragraph 101 (meaning of “occupier”),

(c) paragraph 103 (general interpretation),

(d) section 32 (meaning of electronic communications networks and services), and

(e) section 405 (general interpretation).

The operator

2 In this code “operator” means—

(a) where this code is applied in any person’s case by a direction under section 106, that person, and

(b) where this code applies by virtue of section 106(3)(b), the Secretary of State or (as the case may be) the Northern Ireland department in question.

The code rights

3 For the purposes of this code a “code right”, in relation to an operator and any land, is a right for the statutory purposes—

(a) to install and keep electronic communications apparatus on, under or over the land,

(b) to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is on, under or over the land,

(c) to carry out any works on the land for or in connection with the installation, maintenance, adjustment, alteration, repair, upgrading or operation of electronic communications apparatus,

(d) to enter the land to inspect, maintain, adjust, alter, repair, upgrade or operate any electronic communications apparatus which is on, under or over the land or elsewhere,

(e) to connect to a power supply,

(f) to interfere with or obstruct a means of access to or from the land (whether or not any electronic communications apparatus is on, under or over the land), or

(g) to lop or cut back, or require another person to lop or cut back, any tree or other vegetation that interferes or will or may interfere with electronic communications apparatus.

The statutory purposes

4 In this code “the statutory purposes”, in relation to an operator, means—

(a) the purposes of the operation of the operator’s network, or

(b) the purposes of providing an infrastructure system.

Electronic communications apparatus, lines and structures

5 (1) In this code “electronic communications apparatus” means—

(a) any apparatus which is designed or adapted for use in connection with the provision of an electronic communications network,

(b) any apparatus which is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals that are transmitted by means of an electronic communications network,

(c) any line, and

(d) any other structure or thing which is designed or adapted for use in connection with the provision of an electronic communications network.

(2) References to the installation of electronic communications apparatus are to be construed accordingly.

(3) In this code—

“line” means any wire, cable, tube, pipe or similar thing (including its casing or coating) which is designed or adapted for use in connection with the provision of any electronic communications network or electronic communications service;

“structure” includes a building only if the sole purpose of that building is to enclose other electronic communications apparatus.

The operator’s network

6 In this code “network” in relation to an operator means—

(a) if the operator falls within paragraph 2(a), so much of any electronic communications network or infrastructure system provided by the operator as is not excluded from the application of the code under section 106(5), and

(b) if the operator falls within paragraph 2(b), the electronic communications network which the Secretary of State or the Northern Ireland department is providing or proposing to provide.

Infrastructure system

7 In this code “infrastructure system” means a system of infrastructure provided so as to be available for use by providers of electronic communications networks for the purposes of the provision by them of their networks.