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Communications Bill


Communications Bill
Schedule 3 — Amendments of Schedule 2 to the Telecommunications Act 1984

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                             (a)                            adapted for use in connection with the provision of

an electronic communications network;

                             (b)                            any apparatus not falling within paragraph (a)

which is designed or adapted for use in connection

with the provision of an electronic communications

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network;

                             (c)                            any line;

                             (d)                            any conduit, structure, pole or other thing in, on, by

or from which any electronic communications

apparatus is or may be installed, supported, carried

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or suspended;

                                         and references to the installation of electronic

communications apparatus are to be construed

accordingly;

                                     ‘electronic communications network’ has the same meaning

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as in the Communications Act 2003, and references to the

provision of such a network are to be construed in

accordance with the provisions of that Act;

                                     ‘electronic communications service’ has the same meaning as

in the Communications Act 2003, and references to the

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provision of such a service are to be construed in

accordance with the provisions of that Act;”.

          (3)      In that sub-paragraph, for the definition of “line” there shall be substituted—

                                     “‘line’ means any wire, cable, tube, pipe or similar thing

(including its casing or coating) which is designed or

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adapted for use in connection with the provision of any

electronic communications network or electronic

communications service;”.

Meaning of operator and operator’s system

  3       (1)      In sub-paragraph (1) of paragraph 1 for the definitions of “the operator” and

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“the operator’s system” there shall be substituted—

                                     “‘the operator’ means—

                             (a)                            where the code is applied in any person’s case by a

direction under section 102 of the Communications

Act 2003, that person, and

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                             (b)                            where it applies by virtue of section 102(3)(b) of

that Act, the Secretary of State or (as the case may

be) the Northern Ireland department in question;

                                     ‘the operator’s network’ means—

                             (a)                            in relation to an operator falling within paragraph

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(a) of the definition of ‘operator’, so much of any

electronic communications network or conduit

system provided by that operator as is not

excluded from the application of the code under

section 102(5) of the Communications Act 2003;

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and

                             (b)                            in relation to an operator falling within paragraph

(b) of that definition, the electronic

communications network which the Secretary of

 

 

Communications Bill
Schedule 3 — Amendments of Schedule 2 to the Telecommunications Act 1984

    356

 

                             (b)                            State or the Northern Ireland department is

providing or proposing to provide;”.

          (2)      In that sub-paragraph—

              (a)             in the definition of “emergency works”, in paragraph (b), for “the

operator’s system” there shall be substituted “the operator’s

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network”; and

              (b)             in the definition of “the statutory purposes” for “establishing and

running the operator’s system” there shall be substituted “the

provision of the operator’s network”.

Provision of a conduit system

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  4        After sub-paragraph (3) of paragraph 1 there shall be inserted—

                           “(3A)                  References in this code to the provision of a conduit system

include references to establishing or maintaining such a system.”

General amendments

  5        In paragraphs 2 to 28—

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              (a)             for the words “telecommunication apparatus”, wherever occurring,

there shall be substituted “electronic communications apparatus”;

              (b)             for the words “telecommunication services”, wherever occurring,

there shall be substituted “electronic communications services”;

              (c)             for the words “a telecommunication system”, wherever occurring,

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there shall be substituted “an electronic communications network or

to electronic communications services”; and

              (d)             for the word “system”, wherever occurring (otherwise than in the

expression “telecommunication system”), there shall be substituted

“network”.

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Power to fly lines

  6        In paragraph 10 (power to fly lines), after sub-paragraph (2) there shall be

inserted—

                           “(3)                  In this paragraph ‘business’ includes a trade, profession or

employment and includes any activity carried on by a body of

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persons (whether corporate or unincorporate).”

Power to require alteration of apparatus

  7        In paragraph 20(4)(b) (alteration not to interfere with service provided by

the operator’s network), for “provided by” there shall be substituted “which

is or is likely to be provided using”.

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Undertaker’s works

  8        In paragraph 23(10) (interpretation of provisions relating to undertakers’

works), in paragraph (b) of the definition of “relevant undertaker”, for the

words “by a licence under section 7 of this Act” there shall be substituted “by

a direction under section 102 of the Communications Act 2003”.

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Communications Bill
Schedule 3 — Amendments of Schedule 2 to the Telecommunications Act 1984

    357

 

Notices under the code

  9       (1)      In sub-paragraph (1) of paragraph 24 (notices in a form approved by the

Director), for “the Director” there shall be substituted “OFCOM”.

          (2)      For sub-paragraphs (2) to (4) of that paragraph there shall be substituted—

                           “(2)                  A notice required to be given to any person for the purposes of any

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provision of this code is not to be sent to him by post unless it is

sent by a registered post service or by recorded delivery.

                           (2A)                  For the purposes, in the case of such a notice, of section 384 of the

Communications Act 2003 and the application of section 7 of the

Interpretation Act 1978 in relation to that section, the proper

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address of a person is—

                      (a)                     if the person to whom the notice is to be given has

furnished the person giving the notice with an address for

service under this code, that address; and

                      (b)                     only if he has not, the address given by that section of the

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Act of 2003.”

          (3)      In sub-paragraph (6) of that paragraph—

              (a)             for “purporting to be signed by the Director” there shall be

substituted “issued by OFCOM”; and

              (b)             for “him” there shall be substituted “them”.

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Application of code to the Crown

  10       In paragraph 26(4) (Crown application provision not to apply where the

telecommunication system is being provided or is to be provided by the

Secretary of State or a Northern Ireland department), for “has effect by virtue

of section 10(1)(b) of this Act” there shall be substituted “applies in the case

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of the Secretary of State or a Northern Ireland department by virtue of

section 102(3)(b) of the Communications Act 2003”.

Effect of agreements concerning sharing of apparatus

  11       After paragraph 28, there shall be inserted—

“Effect of agreements concerning sharing of apparatus

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          29                 (1)                  This paragraph applies where—

                      (a)                     this code has been applied by a direction under section 102

of the Communications Act 2003 in a person’s case;

                      (b)                     this code expressly or impliedly imposes a limitation on

the use to which electronic communications apparatus

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installed by that person may be put or on the purposes for

which it may be used; and

                      (c)                     that person is a party to a relevant agreement or becomes a

party to an agreement which (after he has become a party

to it) is a relevant agreement.

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                           (2)                  The limitation is not to preclude—

                      (a)                     the doing of anything in relation to that apparatus, or

                      (b)                     its use for particular purposes,

 

 

Communications Bill
Schedule 3 — Amendments of Schedule 2 to the Telecommunications Act 1984

    358

 

                                             to the extent that the doing of that thing, or the use of the

apparatus for those purposes, is in pursuance of the agreement.

                           (3)                  This paragraph is not to be construed, in relation to a person who

is entitled or authorised by or under a relevant agreement to share

the use of apparatus installed by another party to the agreement,

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as affecting any consent requirement imposed (whether by a

statutory provision or otherwise) on that person.

                           (4)                  In this paragraph—

                       ‘consent requirement’, in relation to a person, means a

requirement for him to obtain consent or permission to or

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in connection with—

                              (a)                             the installation by him of apparatus; or

                              (b)                             the doing by him of any other thing in relation to

apparatus the use of which he is entitled or

authorised to share;

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                       ‘relevant agreement’ means an agreement in relation to

electronic communications apparatus which—

                              (a)                             relates to the sharing by different parties to the

agreement of the use of that apparatus; and

                              (b)                             is an agreement that satisfies the requirements of

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sub-paragraph (5).

                       ‘statutory provision’ means a provision of an enactment or

of an instrument having effect under an enactment.

                           (5)                   An agreement satisfies the requirements of this sub-paragraph

if—

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                      (a)                     every party to the agreement is a person in whose case this

code applies by virtue of a direction under section 102 of

the Communications Act 2003; or

                      (b)                     one or more of the parties to the agreement is a person in

whose case this code so applies and every other party to

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the agreement is a qualifying person.

                           (6)                  A person is a qualifying person for the purposes of sub-paragraph

(5) if he is either—

                      (a)                     a person who provides an electronic communications

network without being a person in whose case this code

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applies; or

                      (b)                     a designated provider of an electronic communications

service consisting in the distribution of a programme

service by means of an electronic communications

network.

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                           (7)                   In sub-paragraph (6)—

                       ‘designated’ means designated by an order made by the

Secretary of State;

                       ‘programme service’ has the same meaning as in the

Broadcasting Act 1990.”

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