[F1When can a transport undertaker require an operator to alter communications apparatus?U.K.
Textual Amendments
F1Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)
53(1)A transport undertaker may give an operator notice which requires the operator to alter a line or other electronic communications apparatus specified in the notice (“notice requiring alterations”) on the ground that keeping the apparatus on, under or over transport land interferes with, or is likely to interfere with—U.K.
(a)the carrying on of the transport undertaker's railway, canal or tramway undertaking, or
(b)anything done or to be done for the purposes of its railway, canal or tramway undertaking.
(2)The operator may, within the notice period, give the transport undertaker notice (“counter-notice”) specifying the respects in which the operator is not prepared to comply with the notice requiring alterations.
(3)The operator must comply with the notice requiring alterations, within a reasonable time and to the reasonable satisfaction of the transport undertaker, if—
(a)the notice period has ended, and
(b)no counter-notice has been given.
(4)If counter-notice has been given (within the notice period), the transport undertaker may apply to the court for an order requiring the operator to alter any of the specified apparatus.
(5)The court must not make an order unless it is satisfied that the order is necessary on one of the grounds mentioned in sub-paragraph (1).
(6)In determining whether to make an order, the matters to which the court must also have regard include the public interest in there being access to a choice of high quality electronic communications services.
(7)An order under this paragraph may take such form and be on such terms as the court thinks fit.
(8)In particular, the order—
(a)may impose such conditions, and
(b)may contain such directions to the operator or the transport undertaker,
as the court thinks necessary for resolving any difference between the operator and the transport undertaker and for protecting their respective interests.
(9)In this paragraph—
“notice period” means the period of 28 days beginning with the day on which notice requiring alterations is given;
“specified apparatus” means the line or other electronic communications apparatus specified in notice requiring alterations.]