SCHEDULES

SCHEDULE 9PROTECTIVE PROVISIONS

PART 2FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

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In this Part of this Schedule—

  • “the 2003 Act” means the Communications Act 200379;

  • “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A)80 (interpretation of code) of that code;

  • “electronic communications apparatus” has the same meaning as in the electronic communications code;

  • “the electronic communications code” has the same meaning as in Chapter 1 (electronic communications, networks and services) of Part 2 of the 2003 Act81;

  • “electronic communications code network” means—

    1. a

      so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and

    2. b

      an electronic communications network which the undertaker is providing or proposing to provide;

  • “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

  • “operator” means the operator of an electronic communications code network.