Q&As
Under the Electronic Communications Code, can a cable firm begin working on a site without notification? If not, what notice must be provided, and is there an obligation for the cabling firm to make good the land after they have finished their work? Alternatively, can they be required to take a different route with their cables?
The scope of this answer is confined to rights available under the Electronic Communications Code. For information about the statutory wayleaves available to utilities providers, see Statutory wayleaves—overview and Practice Note: Easements and utilities—third party land.
The Electronic Communications Code (in Schedule 3A to the Communications Act 2003) (CA 2003) (the Code) gives rights to certain telecoms 'operators', to whom the Code applies by virtue of a direction made by Ofcom. Under the Code, operators may obtain a range of rights including the right to install, repair, and alter communications apparatus,
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