Template Notices

The current Electronic Communications Code (the Code) came into force in December 2017. The Code is contained in Schedule 3A to the Communications Act 2003.

The Code confers (among other things) the following rights on providers of electronic communications networks and/or systems of infrastructure, to whom the Code has been applied by Ofcom (Code operators):

  • the right to install and maintain electronic communications apparatus, such as masts, base stations, cables and cabinets; and
  • the right to apply for a court order to install and maintain apparatus on private land, if the Code operator in question has been unable to reach agreement with the landowner or occupier.

In certain circumstances, Code operators are required to give notices for the purposes of the Code, for example if the Code operator wishes to exercise a transport land right in order to carry out emergency works they must serve a notice on the transport undertaker. The Code provides that those notices must be in a form prescribed by Ofcom. In order to fulfill this duty, we have prescribed template notices which are set out below.

There are also circumstances in which Code operators and other parties may decide to give certain notices under the Code where there is no requirement on them to do so. Ofcom has decided to prescribe some of those notices to facilitate a smooth operation of the Code regime. These template notices are also set out below.

The Code has replaced the previous Electronic Communications Code which was set out in the Telecommunications Act 1984 (as amended) (the 1984 Code). Please note that the 1984 Code may still apply in certain circumstances, including the requirement to use template notices approved by Ofcom. Further information in relation to template notices under the 1984 Code can be found here.