The electronic communications code
1.1 The electronic communications code (the “Code”) is set out at schedule 2 to the Telecommunications 1984 as amended by schedule 3 to the Communications Act 2003 (the “Act”). The Code applies to persons to whom the Code has been applied pursuant to a direction given by Ofcom under section 106 of the Act (“Code operators”). Persons benefiting from the Code have certain rights and these include:
- certain exemptions from the Town and Country Planning regime which takes the form of Permitted Development (-1-) ;
- the power to carry out street works without needing to obtain a specific street works licence to do so under the New Road and Street Works Act 1991; and
- the right to apply to the Court to seek a right where agreement cannot be reached with the owner of that land to execute work on that land.
1.2 In essence, the Code is designed to ensure that Code operators can deploy their networks rapidly, maintain them, and repair them as and when they need to do so without needing to seek specific authorisations. In the absence of the powers that Code operators benefit from, the ability for them to maintain their networks would be diminished and this would be of detriment to anyone using communications services of any description.
1.3 There are presently one hundred and forty Code operators, the vast majority of which retained their Code powers by virtue of paragraph 17 of Schedule 18 to the Act under which persons who benefited from Code powers under the licensing regime (that is, prior to 25 July 2005) kept them under the authorisation regime. Schedule 18 applies the Code to these operators by virtue of a deemed direction from Ofcom. The remaining Code operators applied to Ofcom since 25 July 2005 under Section 107(1) of the Act and were granted powers by Ofcom under Section 106(3).
Footnotes
1.See Part 24 of the Town and Country Planning, England and Wales (General Permitted Development) Order 1995. SI 1995/418 as amended. Planning (General Development) (Amendment) Order ( Northern Ireland) 2003 SR No. 98. Town and Country Planning (General Permitted Development) ( Scotland) Amendment (No. 2) Order 2001 SSI 2001/266.
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