The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

10.1  Without prejudice to any of its statutory obligations and any other Condition in this Schedule the Licensee shall take all reasonable steps to secure (in particular by giving instruction to its employees and agents) that:

(a) where Apparatus is to be Installed underground in a Maintainable Highway or Street or, in Scotland, a Road, the normal practice wherever practicable and subject to consultation with the Highway Authority or Roads Authority will be to place it in the verge or footway (or the prospective verge or footway in the case of a Street) if any rather than the Carriageway;

(b) provision is made for any new Ducts Installed after the date on which this Licence comes into force to contain sufficient spare capacity to meet demand which is reasonably foreseeable by the Licensee for telecommunication services provided by it;

(c) effective liaison is maintained with the Highway Authority or, in Scotland, the Roads Authority with a view to ensuring that works entailing the breaking up of a Maintainable Highway or Public Road, are carried out in advance of scheduled resurfacing works or together with other schemes affecting the Highway or Road;

(d) effective liaison is maintained with the Street Authority or, in Scotland, the Road Works Authority in order to ensure that all works are executed in accordance with the provisions of, and made under, sections 65 to 69 or, in Scotland, sections 124 to 128 of the New Roads and Street Works Act 1991 or, in Northern Ireland, Schedule 3 to the Electricity Supply (Northern Ireland) Order 1972 as amended by the Telecommunications (Street Works) (Northern Ireland) Order 1984;

(e) effective liaison is maintained with Relevant Undertakers with a view to avoiding the disruption of the services provided by those persons;

(f) effective liaison is maintained with the Street Authority or, in Scotland, the Road Works Authority in order to ensure that, following the execution of works, the Licensee discharges its duties of reinstatement of the street under sections 70 to 73 or, in Scotland, sections 129 to 132 of the New Roads and Street Works Act 1991 or, in Northern Ireland, paragraphs 1 to 5 of Schedule 3 to the Electricity Supply (Northern Ireland) Order 1972 as amended by the Telecommunications (Street Works) (Northern Ireland) Order 1984;

(g) before constructing new Ducts, and with a view to reducing to a minimum the need for the construction of new Ducts, the possibility of using Ducts or other conduits which are already Installed is investigated;

(h) the minimum practicable number of items of Apparatus is Installed, allowing for estimated growth in demand for telecommunication services;

(i) Lines and other items of Telecommunication Apparatus are placed so that they do not present safety hazards (in particular to disabled persons, including the blind and those with impaired sight);

(j) the visual amenity of properties (in particular buildings in the Statutory List of Buildings which have been notified by the Planning Authority to the Licensee as deserving special consideration) in proximity to which Apparatus is Installed is protected as far as practicable;

(k) where Apparatus is Installed underground in a Maintainable Highway or Street or, in Scotland, a Road, the Street Authority or, in Scotland, the Road Works Authority and Relevant Undertakers are consulted about the appropriate depth of cover of the Apparatus and its lateral position in the Highway, Street or Road;

(l) the National Joint Utilities Group (NJUG) guidelines for the planning, installation and maintenance of utility services in proximity to trees are followed;

(m) so far as is practicable, where a Line or other Telecommunication Apparatus is attached to a building, the fitting used to attach that Apparatus will not stain that building through corrosion;

(n) effective liaison is maintained with the Street Authority or, in Scotland, the Road Works Authority in order to ensure that the Street Works Register or, in Scotland, the Road Works Register contains such information in respect of works carried out as may be prescribed under section 53 or, in Scotland, section 112 of the New Roads and Street Works Act 1991 or, in the case of Northern Ireland, under Article 13 of the Street Works (Northern Ireland) Order 1995;

(o) effective liaison is maintained with the Planning Authority in respect of the arrangements for the Installation of Apparatus in Local Nature Reserves designated under section 21 of the National Parks and Access to the Countryside Act 1949;

(p) underground Lines to be Installed in Agricultural land are Installed at such a depth that they will not interfere with the use of the land for Agricultural purposes, unless the occupier, any superior lessee and the freeholder agree otherwise; and

(q) before erecting a new mast or pole the possibility is investigated of:

(i) using an existing mast or pole belonging to the Licensee or any other person (in particular any other public telecommunications operator);

(ii) replacing an existing mast or pole belonging to the Licensee or any other person (in particular any other public telecommunications operator) with a mast for the joint use of the Licensee and that other person; and

(iii) erecting, in co-operation with any other public telecommunications operator, a mast or pole for the joint use of the Licensee and that other operator.