F1SCHEDULE 3AThe electronic communications code
PART 10Undertaker's works affecting electronic communications apparatus
When can the operator alter apparatus in connection with non-emergency undertaker's works?
70
(1)
An operator may make an alteration of electronic communications apparatus if—
(a)
notice of proposed works has been given,
(b)
the notice period has ended, and
(c)
counter-notice has been given which states (in accordance with paragraph 68(2)(b)) that the operator intends to make the alteration.
(2)
If the operator makes any alteration in accordance with this paragraph, the undertaker must pay the operator—
(a)
any expenses incurred by the operator in, or in connection with, making the alteration; and
(b)
the amount of any loss or damage sustained by the operator in consequence of the alteration being made.
(3)
Any amount which is not paid in accordance with sub-paragraph (2) is to be recoverable by the operator from the undertaker in any court of competent jurisdiction.
(4)
Expressions defined in paragraph 67 have the same meanings in this paragraph.