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?

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Published on: 31 January 2022
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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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Jurisdiction(s):
United Kingdom
Key definition:
Electronic Communications Code definition
What does Electronic Communications Code mean?

The Electronic Communications Code, inserted into the communications act 2003, Schedule 3A, by the Digital Economy act 2017. A code right is granted in relation to an operator and any land, for the statutory purposes of providing an operator's network/infrastructure system, and for activities set out in the code.

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