SCHEDULES

SCHEDULE 9PROTECTIVE PROVISIONS

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

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1

For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

2

In this Part—

  • the 2003 Act” means the Communications Act 2003 M1;

  • electronic communications apparatus” has the same meaning as set out in paragraph 5 of the electronic communications code;

  • the electronic communications code” has the same meaning as set out in section 106 (application of the electronic communications code) of the 2003 Act M2;

  • infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

  • network” means—

    1. a

      so much of a network or infrastructure system provided by an operator as is not excluded from the application of the electronic communications code by a direction under section 106(5) of the 2003 Act; and

    2. b

      a network which the Secretary of State is providing or proposing to provide; and

  • operator” means a person in whose case the electronic communications code is applied by a direction under section 106(5) of the 2003 Act and who is an operator of a network.