|
The Electronic
Communications Code ("the Code") is set out in Schedule
2 to the Telecommunications Act 1984 as amended by Schedule 3 to
the Communications Act 2003. It sets out powers that can be given
to providers of electronic communications networks ("ECN"s)
and providers of conduit systems available for use by providers
of ECNs to enable them to install and maintain electronic communications
apparatus.
In order to
carry out work covered by the Code, an operator to whom the Code
applies may serve a notice ("Notice") on the occupier
of the land on which it wishes to gain access to carry out work.
Such Notices must be in a form of words approved by Ofcom (the Director
General of Telecommunications will carry out this function under
powers granted to him by section 408 of the Communications Act 2003
and Article 3(1) of the Communications Act 2003 (commencement No.
1) Order 2003 until such time as Ofcom is ready to assume this role).
An operator may also serve a counter-notice ("Counter-Notice")
where an occupier of land on which its electronic communications
apparatus is sited has requested the removal or alteration of that
apparatus.
The following
model Notices and Counter-Notices are in a form of words which has
been approved by the Director and may be used for the purposes of
the Code. Operators should fill in their details and those of the
occupier of the land in question, together with other details as
required in the areas in square brackets and highlighted in bold.
Providing that the operator does not make any alteration to the
text of a model Notice, it will not be necessary to seek the Director's
further approval for the form of words of the Notice as this will
be taken as already having been given. If, however, an operator
wishes to alter the text of the Notice, the Director's approval
must be sought in order for the Notice to be considered valid.
|
