Q&As

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

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Published on LexisPSL on 23/05/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Part 1 of the Communications Act 2003 (CA 2003), inserted by schedule 4 and schedule 1 to the Digital Economy Act 2017 (DEA 2017).

Under Pt 1 of the new Code, a Code right is defined as being a right in relation to an operator and any land, for the statutory purposes of providing an operator's network or an infrastructure system, to carry out various activities. These activities include:

  1. installing and keeping installed electronic communications apparatus (which are defined at Sch 3A Pt 1 (para 5)) on, over or under land

  2. inspecting, maintaining, repairing, altering, upgrading, or operating the electronic communications apparatus on, over or under land, or entering land and carrying out works in connection with these activities in respect of apparatus on over or under land or elsewhere

  3. carrying out any works for, or in connection with, the installation of electronic communications apparatus on, over or under land or elsewhere

  4. connecting to a power supply

An operator is a party to whom the new Code applies under a direction from Ofcom. A list of operators

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