Communications hereditaments8
1
Subject to paragraph (3), where—
a
British Telecommunications plc occupies or, if it is unoccupied, owns any hereditament which comprises posts, wires, fibres, cables, ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services;
b
any person occupies, or if it is unoccupied, owns any hereditament which is an unbundled local loop,
and which would, apart from these Regulations, be more than one hereditament, those hereditaments shall be treated as one hereditament.
2
F2Subject to paragraph (2A), where a company which is a designated person by virtue of regulation 3(1) and Part 3 of the Schedule occupies or, if it is unoccupied, owns any hereditament which comprises posts, wires, fibres, cables, ducts, telephone kiosks, towers, masts, switching equipment, or other equipment, or easements or wayleaves, being property used for the monitoring, processing or transmission of communications or other signals for the provision of electronic communications services, and which would, apart from these Regulations, be more than one hereditament, those hereditaments shall be treated as one hereditament.
F32A
Paragraph (2) does not apply to a hereditament which is either—
a
wholly or mainly a tower or mast, or
b
part of a tower or mast.
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The hereditament described in paragraph (1) shall be treated as occupied by British Telecommunications plc.
5
The hereditament described in paragraph (2) shall be treated as occupied by the relevant designated person.
6
In paragraph (1), “unbundled local loop” means—
a
cables, fibres, wires and conductors (or any part of them) used or intended to be used for carrying communications or other signals between the network terminating equipment on the premises of end-users and premises (or any part of them) used for the processing of the communications or other signals, and land occupied therewith; and
b
poles, posts, towers, masts, mast radiators, pipes, ducts, conduits and any associated supports and foundations (or any part of them) used or intended to be used in connection with any of the items listed in sub-paragraph (a), and land occupied therewith,
which British Telecommunications plc lets or licenses to any person.