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SCHEDULES

SCHEDULE 9E+W+SPROTECTIVE PROVISIONS

PART 2E+W+SFOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

15.  In this Part of this Schedule—E+W+S

the 2003 Act” means the Communications Act 2003;

the code rights” has the same meaning as in paragraph 3 of the electronic communications 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 (networks, services and the radio spectrum) (1) of the 2003 Act;

electronic communications code network” means—

(a)

so much of an electronic communications network or infrastructure 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

(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;

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; and

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

Commencement Information

I1Sch. 9 para. 15 in force at 13.7.2022, see art. 1

(1)

See section 106 of the 2003 Act, which was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30). See also Schedule 3A to the 2003 Act, which was inserted by section 4 of, and Schedule 1 to, the Digital Economy Act 2017.