SCHEDULES
SCHEDULE 3A

The electronic communications code
PART 3

Assignment of code rights, and upgrading and sharing of apparatus

Power for operator to upgrade or share apparatus
17
1
An operator (“the main operator”) who has entered into an agreement under Part 2 of this code may, if the conditions in sub-paragraphs (2) and (3) are met—
a
upgrade the electronic communications apparatus to which the agreement relates, or
b
share the use of such electronic communications apparatus with another operator.
2
The first condition is that any changes as a result of the upgrading or sharing to the electronic communications apparatus to which the agreement relates have no adverse impact, or no more than a minimal adverse impact, on its appearance.
3
The second condition is that the upgrading or sharing imposes no additional burden on the other party to the agreement.
4
For the purposes of sub-paragraph (3) an additional burden includes anything that—
a
has an additional adverse effect on the other party's enjoyment of the land, or
b
causes additional loss, damage or expense to that party.
5
Any agreement under Part 2 of this code is void to the extent that—
a
it prevents or limits the upgrading or sharing, in a case where the conditions in sub-paragraphs (2) and (3) are met, of the electronic communications apparatus to which the agreement relates, or
b
it makes upgrading or sharing of such apparatus subject to conditions to be met by the operator (including a condition requiring the payment of money).
6
References in this paragraph to sharing electronic communications apparatus include carrying out works to the apparatus to enable such sharing to take place.
Sch. 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)
Sch. 3A applied by S.I. 1991/1220 (N.I. 11), art. 104(5) (as substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 28(2)(c))