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 the Office of Communications ("Ofcom"). 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 template Notices and Counter-Notices are in a form of words which has been approved by Ofcom 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 template Notice, it will not be necessary to seek Ofcom’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, Ofcom's approval must be sought in order for the Notice to be considered valid.