SCHEDULES
C1F8SCHEDULE 3AThe electronic communications code
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))
PART 11Overhead apparatus
Power to fly lines
74
F21
This paragraph applies where an operator (“the main operator”) keeps electronic communications apparatus on or over any land for the purposes of the main operator’s network.
2
The F4main operator has the right, for the statutory purposes, to install and keep lines which—
a
pass over other land adjacent to, or in the vicinity of, the land on or over which the apparatus F6mentioned in sub-paragraph (1) is kept,
b
are connected to that apparatus, and
c
are not, at any point where they pass over the other land, less than three metres above the ground or within two metres of any building over which they pass.
F72A
With the agreement of the main operator, another operator has the right, for the statutory purposes, to install and keep lines which—
a
pass over other land adjacent to, or in the vicinity of, the land on or over which the apparatus mentioned in sub-paragraph (1) is kept,
b
are connected to that apparatus, and
c
are not, at any point where they pass over the other land, less than three metres above the ground or within two metres of any building over which they pass.
3
F1Sub-paragraphs (2) and (2A) do not authorise the installation or keeping on or over any land of—
a
any electronic communications apparatus used to support, carry or suspend a line installed under F5either of those sub-paragraphs, or
b
any line which, as a result of its position, interferes with the carrying on of any business carried on on that land.
F33A
The main operator has the right to upgrade, or carry out works to, the apparatus mentioned in sub-paragraph (1) for the purposes of, or in connection with—
a
the exercise by the main operator of the right conferred by sub-paragraph (2), or
b
the exercise by another operator of the right conferred by sub-paragraph (2A).
3B
With the agreement of the main operator, another operator has the right to upgrade, or carry out works to, the apparatus mentioned in sub-paragraph (1) for the purposes of, or in connection with, the exercise by the other operator of the right conferred by sub-paragraph (2A).
3C
Sub-paragraphs (3A) and (3B) do not authorise an operator to upgrade, or carry out works to, the apparatus mentioned in sub-paragraph (1) if the upgrade or works would—
a
have more than a minimal adverse impact on the appearance of the apparatus,
b
have more than a minimal adverse impact on the land on or over which the apparatus is kept, or
c
cause loss, damage or expense to any person with an interest in the land on or over which the apparatus is kept.
3D
An operator may not enter the land on or over which the apparatus mentioned in sub-paragraph (1) is kept for the purpose of exercising a right conferred by this paragraph without the agreement of the occupier of the land.
4
In this paragraph “business” includes a trade, profession or employment and includes any activity carried on by a body of persons (whether corporate or unincorporate).
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)