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

Condition 1

PART 2: 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.

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:

(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.

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.

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.

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.

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.

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.