Code powers allow an operator to have access to the public highway to perform certain street works necessary for the construction, inspection, maintenance, adjustment, repair and/or alteration of associated network apparatus, without the need for a specific street works licence.
Code powers also enable an operator to benefit from certain immunities from the Town and Country Planning legislation
The Code confers “code rights” on a person with Code powers. A “code right is a right —
- to install electronic communications apparatus on, under or over the land;
- to keep installed apparatus which is on, under or over land;
- to inspect, maintain, and operate apparatus;
- to carry out any works on the land to enable apparatus to be installed and maintained;
- to gain access to land to maintain or operate apparatus;
- to connect to a power supply;
- 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
- to lop or cut back any tree or other vegetation that could interfere with apparatus.
In the event that agreement cannot be reached with the owner or occupier of private land, the Code allows an operator to apply to the Court to impose an agreement which confers the Code right being sought or for the Code right to bind the landowner or occupier.
Code powers also allow an operator to claim compensation from a local authority in circumstances where that local authority has obstructed access to electronic communications apparatus in certain stipulated circumstances.
Operators wishing to deploy a network or system of infrastructure
Operators wishing to deploy a network or system of infrastructure should consider the following:
- Will the deployment involve installing physical infrastructure such as ducts, cables, support structures (masts, poles), equipment housings (footway boxes, posts, cabinets, junction boxes)?
- If so, is any of the new infrastructure likely to be sited on, under or over public or private land?
- If so, you should consider applying to Ofcom to be granted Code powers to avoid incurring increased costs, operational delays and inefficiencies. Code powers will also help you to operate and maintain your network in an efficient, cost-effective and expedient manner.
- If you are granted powers under the Code, you should plan the network deployment in line with the Code of Practice (PDF, 202.4 KB).