The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

Regulation 2

SCHEDULE 4 U.K. EXCEPTIONS AND CONDITIONS RELATING TO THE APPLICATION OF THE TELECOMMUNICATIONS CODE

PART 1: U.K. DEFINITIONS AND INTERPRETATION RELATING TO THE CONDITIONS IN SCHEDULE 4

1.  In this Schedule unless the context otherwise requires: U.K.

“Agricultural” has the meaning given to it by paragraph 1 of Schedule 2 to the Act;

“Appropriate Authority” means a public authority of a type described in subsection 49(6) or, in Scotland, subsection 108(6) of the New Roads and Street Works Act 1991 or, in Northern Ireland, Article 7(5) of the Street Works (Northern Ireland) Order 1995;

“Area of Outstanding Natural Beauty” means an area in England or Wales designated and confirmed as such under section 5 or section 87 of the National Parks and Access to the Countryside Act 1949 or in Northern Ireland any area established in accordance with Section 10 of the Amenity Lands Act (Northern Ireland) 1965 or designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“Area of Special Scientific Interest” means an area designated under Article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1)) as amended by Article 10 of the Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/492 (NI 3));

“the Broads” means the area in which the Broads Authority exercises power of development control;

“Carriageway” and “Footway” have the meanings given to them in England and Wales by section 329 of the Highways Act 1980, in Scotland by section 151 of the Roads (Scotland) Act 1984 and in Northern Ireland by Article 2(2) of the Roads (Northern Ireland) Order 1993;

“Condition” means a Condition in this Schedule;

“Conservation Area” means:

(i)

in relation to England and Wales, any area designated as a conservation area under sections 69 and 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(ii)

in relation to Scotland, any area designated as a conservation area under section 61 of the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997; and

(iii)

in relation to Northern Ireland, any area designated as a conservation area under Article 50 of the Planning (Northern Ireland) Order 1991;

“Cost Price” means the cost of any item of Telecommunication Apparatus, including the full cost of its Installation, calculated before any charges for depreciation by the Licensee and modified to take account of any alteration in the CSO Price Index for Buildings and Works since it was installed;

“Duct” means a structure or apparatus (with appropriate entry points) installed underground in such a way that Lines can be installed in it without having to break up the surface of the highway;

“Emergency” means an emergency of any kind, including any circumstances whatever resulting from major accidents, natural disasters and incidents involving toxic or radio-active materials;

“Emergency Organisations” means in respect of any locality:

(i)

the relevant public police, fire, ambulance and coastguard services for that locality; and

(ii)

any other similar organisation in respect of which any public telecommunications operator licensed to operate in the locality in question is providing a Public Emergency Call Service on the day on which this Licence enters into force;

“Emergency Works” has the meaning given to it by section 52 or, in Scotland, section 111 of the New Roads and Street Works Act 1991 or, in Northern Ireland, Article 6 of the Street Works (Northern Ireland) Order 1995;

“Highway Authority” means, in England and Wales, the highway authority as defined in section 1 of the Highways Act 1980 and, in Northern Ireland, the Department of the Environment for Northern Ireland;

“Installation” includes “alteration” within the meaning of paragraph 1(2) of the Telecommunications Code;

“Limestone Pavement Area” means an area designated by the Secretary of State or relevant authority under section 34 of the Wildlife and Countryside Act 1981;

“Line” has the same meaning as in paragraph (a) of the definition of “Telecommunication Apparatus” in paragraph 1 of Schedule 2 to the Act;

“Local Nature Reserve” means an area designated as such under section 21 of the National Parks and Access to the Countryside Act 1949;

“Maintainable Highway” has the meaning given to it by paragraph 1 of Schedule 2 to the Act as amended by paragraph 113(1) of Schedule 8 to the New Roads and Street Works Act 1991, and in Northern Ireland has the meaning given to it by paragraph 1 of Schedule 2 to the Act as amended by paragraph 9(a)(i) of Schedule 3 to the Street Works (Northern Ireland) Order 1995;

“Major Office” means the Licensee's registered office and such other offices as the Director, having consulted the Licensee, may direct;

“Marine Nature Reserve” means, in England, Wales and Scotland, an area designated by the Secretary of State under section 36 of the Wildlife and Countryside Act 1981 and in Northern Ireland, an area designated under Article 20(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“Natural Heritage Area” means any area in Scotland designated as such under the Natural Heritage (Scotland) Act 1991;

“National Nature Reserve” means any land in England, Wales and Scotland declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981 by:

(i)

in England, English Nature, established under the Environmental Protection Act 1990;

(ii)

in Scotland, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991; and

(iii)

in Wales, the Countryside Council for Wales, established under the Environmental Protection Act 1990,

and in relation to Northern Ireland means any land declared to be a national nature reserve under Article 18(1) of the Nature Conservation and Amenity Lands Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“National Park” means any area in England and Wales designated and confirmed as such under section 5 of the National Parks and Access to the Countryside Act 1949 or any area in Northern Ireland designated as such under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

“National Scenic Area” means any area in Scotland designated as such under the Town and Country Planning (Scotland) Act 1997;

“the New Forest” means the area defined in the New Forest Act 1964;

“Planning Authority” means:

(i)

in relation to England and Wales, the local planning authority for the area in question within the meaning of section 1 of the Town and Country Planning Act 1990;

(ii)

in relation to Scotland, a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997; and

(iii)

in relation to Northern Ireland, the Department of the Environment for Northern Ireland;

“Public Emergency Call Service” means a telecommunication service by means of which any member of the public may, at any time communicate as swiftly as practicable with any of the Emergency Organisations for the purpose of notifying them of an Emergency;

“Public Road” has the same meaning as in paragraph 1(1) of Schedule 2 to the Act, as amended by the Roads (Scotland) Act 1984 and the New Roads and Street Works Act 1991;

“Relevant Authority” means:

(i)

in relation to the Broads, the New Forest, a National Park, an Area of Outstanding Natural Beauty, or a Limestone Pavement Area, the Planning Authority;

(ii)

in relation to a National Nature Reserve, a Site of Special Scientific Interest or a Marine Nature Reserve;

(A)

in England, English Nature, established under the Environmental Protection Act 1990;

(B)

in Scotland, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991;

(C)

in Wales, the Countryside Council for Wales, established under the Environmental Protection Act 1990; and

(D)

in Northern Ireland, in relation to a National Nature Reserve or a Marine Nature Reserve, the Planning Authority;

(iii)

in relation to an Area of Special Scientific Interest, the Department of Environment for Northern Ireland; and

(iv)

in relation to a Natural Heritage Area or a National Scenic Area, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991;

“Relevant Event” means:

(i)

the revocation of this Licence;

(ii)

where the Licensee is not immediately granted another similar licence to run the Applicable Systems, the expiry of this Licence; or

(iii)

any of the events specified in paragraph 1(e) to (i) of Schedule 2 to this Licence, provided that paragraph 2 of that Schedule shall have effect for the purposes of this definition as it has for the purposes of paragraph 1 of that Schedule;

“Relevant Owner” means any person who owns or operates electric lines for the transport of electricity;

“Relevant Supplier” means in relation to an area in which the Licensee has installed or proposes to install any apparatus the person who is authorised by a licence granted under paragraph (b) or (c) of section 6(1) of the Electricity Act 1989, or in the case of Northern Ireland, under Article 10(1) of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

“Relevant Undertaker” has the meaning given to it by paragraph 23(10) of Schedule 2 to the Act, and includes persons mentioned in paragraph 23(10)(b) in respect of services and apparatus for the supply of water, or disposal of sewage, and additionally includes any undertaking for the supply of heat;

“Road” has the meaning given to it in section 107(1) of the New Roads and Street Works Act 1991;

“Road Works Authority” has the meaning given to it in section 108(1) of the New Roads and Street Works Act 1991;

“Road Works Register” means a register of the kind kept by a Road Works Authority under section 112 of the New Roads and Street Works Act 1991;

“Roads Authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984;

“Service Line” means any Line placed or intended to be placed for the purpose of providing any telecommunication service to the occupier from time to time of any land, as distinct from a Line placed or intended to be placed for the general purposes of any telecommunication system;

“Service Line Distribution Point” means the point at which any Line placed or intended to be placed for the general purposes of any telecommunication system is connected to any Service Line;

“Site of Special Scientific Interest” means an area designated as such under section 28 of the Wildlife and Countryside Act 1981 or an area in respect of which the Secretary of State has made an order under section 29 of that Act;

“Statutory List of Buildings” means the list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 1(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or in the case of Northern Ireland, compiled by the Department of the Environment for Northern Ireland under Article 42 of the Planning (Northern Ireland) Order 1991;

“Street” has the meaning given to it by paragraph 1 of Schedule 2 to the Act, as amended by paragraph 113(1) of Schedule 8 to the New Roads and Street Works Act 1991, or in the case of Northern Ireland, as amended by paragraph 9(a)(ii) of Schedule 3 to the Street Works (Northern Ireland) Order 1995;

“Street Authority” has the meaning given to it by section 49 of the New Roads and Street Works Act 1991, or in Northern Ireland by Article 7 of the Street Works (Northern Ireland) Order 1995;

“Street Works Register” means a register of the kind kept by a Street Authority under section 53 of the New Roads and Street Works Act 1991, or, in the case of Northern Ireland, a register kept by the Department of the Environment for Northern Ireland under Article 13 of the Street Works (Northern Ireland) Order 1995;

“Telecommunication Apparatus” shall have the extended meaning given to it by paragraph 1(1) of Schedule 2 to the Act;

“Traffic Authority” has the same meaning as in the Road Traffic Regulation Act 1984 or in Northern Ireland means the Department of the Environment for Northern Ireland; and

“Urgent Works” in relation to England, Wales and Northern Ireland, has the meaning given in regulation 2 of the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 and, in relation to Scotland, has the meaning given in regulation 2 of the Road Works (Registers, Notices, Directions and Designations) (Scotland) Regulations 1992.

2.  For the avoidance of doubt, it is hereby declared that the conditions in this Schedule apply in addition to any obligations of the Licensee in relation to England, Wales and Scotland under the New Roads and Street Works Act 1991 and the Public Utilities Street Works Act 1950, insofar as not superseded by the New Roads and Street Works Act 1991, and in relation to Northern Ireland under the Street Works (Northern Ireland) Order 1995. U.K.

3.  Expressions cognate with those referred to in this Schedule shall be construed accordingly. U.K.

Condition 1

PART 2: U.K. EXCEPTIONS AND CONDITIONS RELATING TO THE APPLICATION OF THE TELECOMMUNICATIONS CODELINES

1.1  Without prejudice to Condition 5.1 and subject to paragraph 1.7, the Licensee shall take steps to ensure that, wherever practicable, taking into account the need to provide telecommunication services at the lowest reasonable cost, Lines (other than overhead Service Lines flown from poles in a locality where overhead Service Lines are already flown from poles) Installed after the date on which this Condition enters into force are Installed underground. U.K.

1.2  Notwithstanding paragraph 1.1, but subject to Condition 4, nothing in this Condition shall prevent the Installation on or above the ground in any area other than a Conservation Area of a Service Line which is: U.K.

(a) affixed to and lying on the exterior surface of a building;

(b) affixed to and lying on the exterior surface of any permanent structure on the land occupied by the person to whom the service is being provided;

(c) flown from the eaves of one building to another provided that the distance between buildings is not more than eight metres.

1.3  Notwithstanding paragraph 1.1, but subject to Condition 4, nothing in this Condition shall prevent the Installation on or above the ground in any area other than a Conservation Area of a feeder cable connecting equipment for the provision of services by wireless telegraphy. U.K.

1.4  Notwithstanding paragraph 1.1, but subject to Condition 4, nothing in this Condition shall prevent the Installation of a Line in any area other than a Conservation Area which is affixed to and lying either on the exterior surface of a building or the surface of any structure and which terminates at a Service Line Distribution Point. U.K.

1.5  Where telecommunication services are to be provided to a person occupying or proposing to occupy a new development the Licensee shall use every reasonable endeavour to enter into an agreement with those responsible for the development and any Relevant Undertaker providing or proposing to provide a service to persons occupying that development to secure that Lines are Installed underground on a shared cost basis. U.K.

1.6  Lines Installed over the Carriageway of a Maintainable Highway or, in Scotland, a Public Road shall be placed at a height of not less than 5.5 metres above the Highway or Road (or in the case of a designated high load route not less than 6.5 metres), except where the Highway Authority or, in Scotland, the Roads Authority has previously otherwise agreed in writing. U.K.

1.7  Nothing in this Condition or Condition 5 shall prevent the Licensee from Installing new overhead Telecommunication Apparatus where that Apparatus is supported on poles or pylons belonging to a Relevant Owner and used by that Relevant Owner for the transport of electricity at a nominal voltage of at least 6,000 volts. U.K.

1.8  The Licensee shall consider carefully a request by any person that any Line which is already Installed above the ground be resited, either underground or in another position above the ground. If the Licensee is satisfied that the person making the request will pay the costs of resiting any such Line the Licensee shall, wherever it is reasonable and practicable, so resite the Line. In other cases, except where the request is frivolous, the Licensee shall be obliged within 28 days of receiving it, to give notice of its decision whether or not to accede to the request in writing to the person making the request giving, where it decides to refuse, reasons. U.K.

Condition 2

INSTALLATION OF TELECOMMUNICATION APPARATUS OTHER THAN LINES ABOVE THE GROUND U.K.

2.1  Subject to Condition 12.1, the Licensee shall, 28 days prior to the first occasion after the grant of this Licence on which the Licensee intends to Install any Telecommunication Apparatus other than Lines above the ground give to the particular Planning Authority written details of the expected location of any other Telecommunication Apparatus which, at the date of the notice, it intends to Install above the ground in the area covered by that Planning Authority. U.K.

2.2  Subject to Condition 12.1 the Licensee shall, before Installing radio masts, give to the Planning Authority written notice of its intention to do so describing the proposed Installation and identifying the place where it is proposing to Install the Apparatus and shall not Install the Apparatus until 28 days after the giving of the notice except with the written consent of the Planning Authority. U.K.

2.3  The Licensee shall Install the Apparatus in accordance with the notice referred to in paragraph 2.2 or, where the Planning Authority gives notice in writing within the period of 28 days beginning with the giving of that notice that the Apparatus should be Installed in accordance with conditions, the Licensee shall Install the Apparatus in accordance with such of those conditions as are reasonable in all the circumstances of the case taking into account the desirability of protecting the visual amenity of the locality in which the Apparatus is to be Installed, the technical requirements of the Licensee's system and the cost of Installing the Apparatus. U.K.

2.4  Subject to Condition 4, nothing in this Condition shall prevent the Installation, on or above the ground of cabinets, boxes, pillars, pedestals and other similar Apparatus, provided that the Licensee has given the Planning Authority 28 days written notice of its intention to Install the Apparatus in question describing the Apparatus and identifying the place where it is proposing to Install the Apparatus and the dimensions of the cabinets, boxes, pillars, pedestals or other similar Apparatus above the surface of the ground, excluding any plinth, do not exceed 1.8 metres in height by 2.0 metres in width by 0.8 metres in depth. U.K.

2.5  Nothing in paragraph 2.4 shall prevent the Installation of cabinets, boxes, pillars, pedestals and other similar Apparatus, the dimensions of which above the surface of the ground, excluding any plinth, exceed those at paragraph 2.4 with the prior written consent of the Planning Authority. U.K.

2.6  Subject to Condition 4, nothing in this Condition shall prevent the Installation of a Service Line Distribution Point which is affixed to and lying either on the exterior surface of a building or the surface of any structure provided that the Point is not in a Conservation Area. U.K.

2.7  The requirements in paragraph 2.2 and 2.4 do not apply where the Licensee has given notice to the Planning Authority under Condition 3.2, 4.1 or 5.1, or where the Installation of that apparatus is carried out in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland, Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998. U.K.

2.8  For the avoidance of doubt, nothing in this Condition applies to the Installation of Telecommunication Apparatus in relation to which planning permission is required from the Planning Authority. U.K.

Condition 3

CONSERVATION AREAS U.K.

3.1  Subject to paragraphs 3.2 and 3.5, without prejudice to Conditions 1.2 and 1.3 and except in the case of Emergency Works, Telecommunication Apparatus Installed by the Licensee in any Conservation Area after the date on which this Licence enters into force shall be Installed underground. U.K.

3.2  Notwithstanding paragraph 3.1, but subject to Condition 4, the Licensee may Install Telecommunication Apparatus on or above the ground in any Conservation Area provided that the Licensee has given the Planning Authority written notice of its intention to Install the Telecommunication Apparatus in question describing the Apparatus and identifying the location where it is proposing to Install the Apparatus. Where the Planning Authority notifies the Licensee in writing within 40 days of the giving of the notice that the Installation would detrimentally affect the character or appearance of the Conservation Area and that the Installation should not take place, the Licensee may Install the Apparatus only if the Planning Authority subsequently agrees in writing or, in the case of England, Wales and Scotland, if the Secretary of State, after having consulted the Planning Authority, so directs in writing. U.K.

3.3  Notwithstanding paragraphs 3.1 and 3.2 above nothing in this Condition shall prevent the Installation on or above ground of: U.K.

(a) a Line or pole required temporarily for the purpose of Emergency Works;

(b) a Line flown between poles or pylons belonging to a Relevant Owner and used by that Relevant Owner for the transport of electricity at a nominal voltage of at least 6,000 volts;

(c) an overhead Service Line flown from a pole Installed:

(i) before the area was designated a Conservation Area; or

(ii) under paragraph 3.3(f) or 3.3(g);

provided that the Line is of not noticeably larger diameter than that of the majority of the Licensee's overhead Service Lines in the same locality;

(d) an overhead Service Line flown from a building in a locality where overhead Service Lines attached to poles or buildings are already Installed in adjacent streets or on neighbouring land by the Licensee for the purpose of providing telecommunication services, provided that the Line is of a not noticeably larger diameter than that of the majority of such other overhead Service Lines;

(e) any other Line replacing an existing Line provided that the replacement Line is of a not noticeably larger diameter than that of the Line it replaces;

(f) a replacement pole in a position not substantially different from the pole it replaces;

(g) subject to paragraph 3.4, a pole (other than one mentioned in paragraph 3.3(f), in a street or on neighbouring land where overhead Service Lines attached to poles are already Installed by the Licensee in that street or on that neighbouring land for the purpose of providing telecommunication services; or

(h) a Service Line affixed to and lying on the surface of the exterior structure of a building provided that the Line is of a not noticeably larger diameter than the majority of Service Lines affixed to and lying on the surface of the exterior structures of buildings in the same locality.

3.4  Before Installing a pole under paragraph 3.3(g) the Licensee shall give the Planning Authority written notice of its intention to do so describing the proposed works and shall consider any written representations made by the Planning Authority within 40 days of the giving of the notice. U.K.

3.5  Notwithstanding paragraph 3.1, but subject to Conditions 4 and 5, the Licensee may Install Lines affixed to and lying on the exterior surface of a building in a Conservation Area provided that the Lines are Installed in accordance with the guidelines established under Condition 10.2. U.K.

3.6  For the avoidance of doubt, nothing in paragraph 3.2 applies to the Installation of Telecommunication Apparatus in relation to which planning permission or listed building consent is required from the Planning Authority or where notice is given in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland, Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998. U.K.

Condition 4

LISTED BUILDINGS AND ANCIENT MONUMENTS U.K.

4.1  Except in the case of Emergency Works, the Licensee shall before Installing Lines, poles or other Telecommunication Apparatus in proximity to a building shown as Grade 1 or, as the case may be, category A in the Statutory List of Buildings give written notice to the Planning Authority. Where the Installation would detrimentally affect the character or appearance of the building, or its setting, and the Planning Authority indicates within 40 days of the giving of the notice that the Installation should not take place, the Licensee may Install the Apparatus only if the Planning Authority subsequently agrees in writing or, in the case of England, Wales and Scotland, if the Secretary of State, after having consulted the Planning Authority, so directs in writing. U.K.

4.2  For the avoidance of doubt, nothing in paragraph 4.1 applies to the Installation of Telecommunication Apparatus in relation to which planning permission or listed building consent is required from the Planning Authority or where notice is given in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland, Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998. U.K.

4.3  For the avoidance of doubt it is hereby declared that nothing in this Licence affects: U.K.

(a) the statutory requirement that the consent of the Secretary of State or, in the case of Northern Ireland, the Department of the Environment (NI), shall be obtained before any work is carried out which will affect the site of an ancient monument scheduled under sections 1 and 2 of the Ancient Monuments and Archaeological Areas Act 1979 or Article 3 of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 respectively; or

(b) the obligation imposed on the Licensee by virtue of section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or, in the case of Northern Ireland, by virtue of Article 44 of the Planning (Northern Ireland) Order 1991 to obtain listed building consent for any works of alteration or extension which would affect the character of a listed building, or involve the demolition of any part of such a building.

Condition 5

NATIONAL PARKS ETC U.K.

5.1  Subject to paragraph 5.2 and to Condition 1.7, and except in the case of Emergency Works, before carrying out any works involving the Installation of any Telecommunication Apparatus in any National Park, National Nature Reserve, National Scenic Area, Area of Outstanding Natural Beauty, Limestone Pavement Area, Area of Special Scientific Interest, Site of Special Scientific Interest, Marine Nature Reserve, Natural Heritage Area, the Broads or the New Forest, the Licensee shall give the Relevant Authority written notice of its intention to do so describing the proposed works. U.K.

5.2  Where the Relevant Authority notifies the Licensee in writing within 40 days of the giving of the notice under paragraph 5.1 that the proposed works would detrimentally affect the character or appearance of the area or be likely to destroy or damage the flora, fauna or geological or physiographical features by reason of which the land is of special interest, and that the proposed works should not take place, the Licensee may Install the apparatus only if the Relevant Authority subsequently agrees in writing or, except in the case of Northern Ireland, if the Secretary of State, after having consulted the Relevant Authority, so directs in writing. U.K.

5.3  The Licensee shall also comply with any direction given to it in writing by the Secretary of State or, in the case of Northern Ireland, the Department of the Environment (NI), relating to giving notice to and considering representations made by any other authority exercising statutory functions in relation to any of the areas specified in paragraph 5.1 or such other environmentally sensitive areas as may be specified in the direction. U.K.

5.4  The Licensee shall not be required to give notice pursuant to paragraph 5.1 where the Apparatus to be Installed consists solely of, or where works are to be undertaken on Apparatus consisting solely of: U.K.

(a) an overhead Service Line affixed to and lying on the surface of the exterior structure of a building or flown from a pole provided that the Line is of a not noticeably larger diameter than that of the majority of such overhead Service Lines in the same locality; or

(b) a replacement pole Installed in a position not substantially different from the pole it replaces,

but in carrying out any such Installation or works as are referred to in this paragraph the Licensee shall have regard to the need to liaise effectively with the Relevant Authority.

5.5  For the avoidance of doubt, nothing in this Condition applies to the Installation of Telecommunication Apparatus in relation to which planning permission or listed building consent is required from the Planning Authority or where notice is given in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998. U.K.

Condition 6

NATIONAL TRUST AND NATIONAL TRUST FOR SCOTLAND U.K.

6.1  Except in the case of Emergency Works, before Installing any Telecommunication Apparatus for the purpose of providing a service to the occupier of any land which the National Trust or the National Trust for Scotland has notified the Licensee in writing that it owns, or holds any interest in, the Licensee shall give the relevant regional office of that body written notice of its intention to do so, describing the proposed works; and shall consider any written representations made within 28 days of the giving of such notice to it by either of those bodies. U.K.

Condition 7

PLACING OF UNDERGROUND LINES IN DUCTS U.K.

7.1  All Lines Installed underground after the date on which this Licence enters into force, in a part of a Maintainable Highway which is paved or in a Street which the Street Authority has notified the Licensee is to be paved, shall, whenever practicable, be Installed in Ducts. U.K.

7.2  In Scotland, all Lines Installed underground after the date on which this Licence enters into force, in a part of a Road which is paved or in a Road which the Road Works Authority has notified the Licensee is to be paved, shall, whenever practicable, be Installed in Ducts. U.K.

Condition 8

MAINTENANCE AND THE SAFETY OF APPARATUS U.K.

8.1  The Licensee shall from time to time inspect its Telecommunication Apparatus which is not inside a building and which is on or above the surface of the ground with a view to ensuring that it will not cause physical harm to other persons or property; and the Licensee shall notify the Director, Highway Authority, or, in Scotland, the Roads Authority as appropriate, of its arrangements for inspecting such Apparatus. U.K.

8.2  In addition to carrying out inspections of its Apparatus on or above the surface of the ground, the Licensee shall investigate any report (other than a frivolous one) of any of its Apparatus (wherever situated) being in a dangerous state and shall remove any danger. U.K.

Condition 9

ARRANGEMENTS WITH ELECTRICITY SUPPLIERS U.K.

9.1  Before exercising any rights under the Telecommunications Code in the authorised area of any Relevant Supplier, the Licensee shall use its best endeavours to enter into an agreement with that Relevant Supplier as to the engineering principles to be adopted and the allocation and apportionment of costs which arise: U.K.

(a) when the Licensee Installs and keeps Installed apparatus in proximity to plant which is already Installed and which is the responsibility of the Relevant Supplier; and

(b) when the Relevant Supplier gives notice to the Licensee that it proposes to install its plant in proximity to any of the Licensee's Apparatus which is already Installed.

9.2  Where the Licensee has not offered to enter into such an agreement as is mentioned in paragraph 9.1 being an agreement which makes reasonable provision for securing that: U.K.

(a) the Licensee will, when Installing its Apparatus in proximity to plant of the Relevant Supplier which is already installed, protect its Apparatus from electrical interference from that plant; and

(b) the Relevant Supplier will, when installing its plant in proximity to Apparatus of the Licensee which is already Installed, protect that Apparatus of the Licensee from electrical interference from that plant,

the Licensee shall only Install Apparatus of such a kind and in such a position as will not be adversely affected by, or itself adversely affect, any plant of the Relevant Supplier which is already installed.

9.3  In this Condition, the words “authorised area” have the meaning ascribed to them in section 6(9) of the Electricity Act 1989 and, in Northern Ireland, Article 3 of the Electricity (Northern Ireland) Order 1991. U.K.

Condition 10

INSTRUCTIONS FOR THE INSTALLATION OF APPARATUS U.K.

10.1  Without prejudice to any of its statutory obligations and any other Condition in this Schedule the Licensee shall take all reasonable steps to secure (in particular by giving instruction to its employees and agents) that: U.K.

(a) where Apparatus is to be Installed underground in a Maintainable Highway or Street or, in Scotland, a Road, the normal practice wherever practicable and subject to consultation with the Highway Authority or Roads Authority will be to place it in the verge or footway (or the prospective verge or footway in the case of a Street) if any rather than the Carriageway;

(b) provision is made for any new Ducts Installed after the date on which this Licence comes into force to contain sufficient spare capacity to meet demand which is reasonably foreseeable by the Licensee for telecommunication services provided by it;

(c) effective liaison is maintained with the Highway Authority or, in Scotland, the Roads Authority with a view to ensuring that works entailing the breaking up of a Maintainable Highway or Public Road, are carried out in advance of scheduled resurfacing works or together with other schemes affecting the Highway or Road;

(d) effective liaison is maintained with the Street Authority or, in Scotland, the Road Works Authority in order to ensure that all works are executed in accordance with the provisions of, and made under, sections 65 to 69 or, in Scotland, sections 124 to 128 of the New Roads and Street Works Act 1991 or, in Northern Ireland, Schedule 3 to the Electricity Supply (Northern Ireland) Order 1972 as amended by the Telecommunications (Street Works) (Northern Ireland) Order 1984;

(e) effective liaison is maintained with Relevant Undertakers with a view to avoiding the disruption of the services provided by those persons;

(f) effective liaison is maintained with the Street Authority or, in Scotland, the Road Works Authority in order to ensure that, following the execution of works, the Licensee discharges its duties of reinstatement of the street under sections 70 to 73 or, in Scotland, sections 129 to 132 of the New Roads and Street Works Act 1991 or, in Northern Ireland, paragraphs 1 to 5 of Schedule 3 to the Electricity Supply (Northern Ireland) Order 1972 as amended by the Telecommunications (Street Works) (Northern Ireland) Order 1984;

(g) before constructing new Ducts, and with a view to reducing to a minimum the need for the construction of new Ducts, the possibility of using Ducts or other conduits which are already Installed is investigated;

(h) the minimum practicable number of items of Apparatus is Installed, allowing for estimated growth in demand for telecommunication services;

(i) Lines and other items of Telecommunication Apparatus are placed so that they do not present safety hazards (in particular to disabled persons, including the blind and those with impaired sight);

(j) the visual amenity of properties (in particular buildings in the Statutory List of Buildings which have been notified by the Planning Authority to the Licensee as deserving special consideration) in proximity to which Apparatus is Installed is protected as far as practicable;

(k) where Apparatus is Installed underground in a Maintainable Highway or Street or, in Scotland, a Road, the Street Authority or, in Scotland, the Road Works Authority and Relevant Undertakers are consulted about the appropriate depth of cover of the Apparatus and its lateral position in the Highway, Street or Road;

(l) the National Joint Utilities Group (NJUG) guidelines for the planning, installation and maintenance of utility services in proximity to trees are followed;

(m) so far as is practicable, where a Line or other Telecommunication Apparatus is attached to a building, the fitting used to attach that Apparatus will not stain that building through corrosion;

(n) effective liaison is maintained with the Street Authority or, in Scotland, the Road Works Authority in order to ensure that the Street Works Register or, in Scotland, the Road Works Register contains such information in respect of works carried out as may be prescribed under section 53 or, in Scotland, section 112 of the New Roads and Street Works Act 1991 or, in the case of Northern Ireland, under Article 13 of the Street Works (Northern Ireland) Order 1995;

(o) effective liaison is maintained with the Planning Authority in respect of the arrangements for the Installation of Apparatus in Local Nature Reserves designated under section 21 of the National Parks and Access to the Countryside Act 1949;

(p) underground Lines to be Installed in Agricultural land are Installed at such a depth that they will not interfere with the use of the land for Agricultural purposes, unless the occupier, any superior lessee and the freeholder agree otherwise; and

(q) before erecting a new mast or pole the possibility is investigated of:

(i) using an existing mast or pole belonging to the Licensee or any other person (in particular any other public telecommunications operator);

(ii) replacing an existing mast or pole belonging to the Licensee or any other person (in particular any other public telecommunications operator) with a mast for the joint use of the Licensee and that other person; and

(iii) erecting, in co-operation with any other public telecommunications operator, a mast or pole for the joint use of the Licensee and that other operator.

10.2  Without prejudice to any other Condition in this Schedule and any of the Licensee's statutory obligations, the Licensee shall, in conjunction with the Planning Authority (and in the case of paragraph (a) below in conjunction also with the Highway Authority or, in Scotland, the Roads Authority), use every reasonable endeavour to establish guidelines to be followed by the Licensee in connection with the Installation (and in particular the positioning) of: U.K.

(a) cabinets, boxes, pillars, pedestals and other similar Apparatus Installed on or above the ground;

(b) Lines or Service Line Distribution Points affixed to and lying on the exterior surface of a building; and

(c) Apparatus Installed on or above the ground in proximity to a building notified by the Planning Authority to the Licensee in writing as being in the Statutory List of Buildings.

10.3  The Licensee shall within three months of the date on which this Licence enters into force and thereafter from time to time as the Director may require furnish details to the Director of the instructions given in accordance with paragraph 10.1 above. U.K.

10.4  The requirement specified in paragraph 10.1(j) is without prejudice to the requirements of Condition 4.1. U.K.

Condition 11

RECORDS OF APPARATUS U.K.

11.1  The Licensee shall keep records of the location of any of its Apparatus Installed in or under a Maintainable Highway or Street or, in Scotland, a Road, or under any other land, after the date on which this Condition enters into force and shall take all reasonable steps to ensure that those records are accurate for the purpose of those intending to undertake works in the vicinity of that Apparatus. U.K.

11.2  The Licensee shall keep records of any of its Apparatus Installed underground after the date on which this Condition enters into force which can be made available in the form of route plans based on Ordnance Survey map backgrounds of one of the following scales (1:500, 1:625, 1:1,250, 1:2,500, 1:10,000) according to the density of development in the area concerned. U.K.

11.3  The Licensee shall provide by means of a voice telephony or other telecommunication system, to any Highway Authority or, in Scotland, any Roads Authority, or other person who is intending to undertake works in the vicinity of any Telecommunication Apparatus it has Installed of the kind described in paragraph 11.1 above, a service furnishing information free of charge about the location of that Apparatus and shall, as soon as possible (but in any case within 28 days): U.K.

(a) respond to bona fide enquiries; and

(b) where requested by a Highway Authority or, in Scotland, a Roads Authority, or Relevant Undertaker confirm its advice in diagrammatic form and make trained staff available to indicate, on site, the location and nature of the Apparatus so Installed;

and shall also respond to any other reasonable request from a Highway Authority or, in Scotland, a Roads Authority or Relevant Undertaker for information about the location of the Licensee's Apparatus Installed in or under a Maintainable Highway or Street, or, in Scotland, a Road.

11.4  The Licensee shall co-operate in any joint projects involving the Highway Authority or, in Scotland, the Road Works Authority, or Relevant Undertakers which have as their purpose the recording and making available of information about the location of underground apparatus, unless the Director agrees that it would be inappropriate having regard to its existing practice in the area concerned for it to do so. U.K.

Condition 12

EMERGENCY WORKS AND URGENT WORKS U.K.

12.1  Without prejudice to the duties of the Licensee under sections 55, 57 and 93 of the New Roads and Street Works Act 1991 or, in Scotland, sections 116 and 152 of that Act or, in Northern Ireland, paragraphs 6 and 6A of Schedule 3 to the Electricity Supply (Northern Ireland) Order 1972 as amended by the Telecommunications (Street Works) (Northern Ireland) Order 1984 concerning the giving of notice in respect of Emergency Works or Urgent Works, the Licensee shall provide, in addition to the information contained in any such notice, a reasonable estimate of the date by which the Emergency Works or the Urgent Works are expected to be completed and a statement of the grounds for the need to execute those Emergency Works or Urgent Works, as the case may be. U.K.

Condition 13

PUBLIC OR PRIVATE EVENTS AND CONSTRUCTION SITES ETC U.K.

13.1  Where the Licensee is to provide telecommunication services for a limited period at the site of a public or private event or a construction site, it may Install Lines on or above the ground and any associated poles, notwithstanding Conditions 1, 3, 4, 5 and 6 provided that: U.K.

(a) the Planning Authority is notified as soon as is practicable of the proposed Installation and is given a reasonable estimate of the date by which the Apparatus concerned will be removed; and

(b) the Lines and poles are removed within a reasonable period after the end of the event or after the work at the construction site is complete.

Condition 14

EMERGENCY ORGANISATIONS U.K.

14.1  Where the Licensee is to provide any telecommunication service for a limited period to an Emergency Organisation in an Emergency it may, notwithstanding Conditions 1, 2, 3, 5, 6 and 7 Install overhead Lines and associated poles for the purposes of providing such services as are made necessary by the Emergency provided that any such Line or pole is removed within a reasonable period after such services cease to be required. U.K.

Condition 15

PUBLIC INSPECTION OF CODE RELATED LICENCE CONDITIONS U.K.

15.1  The Licensee shall place a copy of this Schedule and of every direction given to the Licensee under section 10(4) of the Act in a publicly accessible part of every Major Office of the Licensee in such a manner and in such a place that it is readily available for inspection free of charge by the general public during such hours as the Secretary of State may prescribe by order under section 19(4) of the Act that the register of Licences and final and provisional orders is to be open for public inspection or in the absence of any such order having been made by the Secretary of State, during normal office hours. U.K.

Condition 16

FUNDS FOR MEETING LIABILITIES U.K.

16.1  In respect of the period commencing on the date of this Licence until 31 March 1999 and thereafter in respect of every period of one year beginning on 1 April the Licensee shall make such arrangements as will satisfy the Director (which arrangements shall be reviewed jointly by the Director and the Licensee at least every 2 years) that sufficient funds are available to the Appropriate Authorities after the occurrence of a Relevant Event to meet the liabilities described in paragraph 16.2 below which have arisen on or before the date on which that Event occurred or may arise thereafter from the exercise of rights conferred upon the Licensee by paragraph 9 of the Telecommunications Code. U.K.

16.2  The liabilities referred to in paragraph 16.1 above are : U.K.

(a) liabilities, including for the payment of indemnities in respect of costs or expenses incurred, arising under the New Roads and Street Works Act 1991 or, in Northern Ireland, the Electricity Supply (Northern Ireland) Order 1972, as amended by the Telecommunications (Street Works) (Northern Ireland) Order 1984, towards:

(i) any Appropriate Authority, Traffic Authority or other responsible authority under that Act;

(ii) any other person having the authority to execute works in, or having apparatus in, a Street;

(iii) any concessionaire within the meaning of section 1 of that Act, or in the case of Northern Ireland within the meaning of Article 23(1) of the Roads (Northern Ireland) Order 1993;

(b) any other costs or expenses reasonably incurred by any Appropriate Authority or other responsible authority in making good any damage caused by the Installation or removal of Telecommunication Apparatus, whether such damage occurs before or after the Relevant Event;

(c) any other costs or expenses reasonably incurred by any Appropriate Authority or other responsible authority after the Relevant Event occurs in removing any Telecommunication Apparatus:

(i) which is Installed under, over, along or across a Street;

(ii) which is not, or is no longer, used for the purposes of any telecommunication system and in relation to which there is no reasonable likelihood that it will be so used; and

(iii) the removal of which is desirable having regard to any harm it may cause to other persons or property, or to the visual amenity of properties in proximity to which the Apparatus is Installed.

16.3  Where the Director is not satisfied that the arrangements made by the Licensee are adequate to secure that sufficient funds are available after the Relevant Event occurs for meeting the liabilities described in paragraph 16.2 above he may direct the Licensee to take such steps as he considers appropriate for the purpose of securing that such sufficient funds are available and the Licensee shall comply with any such direction. U.K.