ABSTRACT
This chapter is concerned with the definition of 'operators' as it applied under the Electronic Communications Act 2003 in relation to the Old Code. It notes that the definition of 'operator' under the New Code is expanded, specifically to accommodate an innovation in the electronic communications industry, which is the wholesale infrastructure provider (WIPs). This is an entity that provides passive infrastructure for others who actually provide mobile networks and services. The chapter sets out that there was some doubt as to whether WIPs could attain operator status under the Old Code. The difficulty which is sometimes encountered is where an entity which is not, at that time, an operator, subsequently becomes one. The specific inclusion of providers of a system of conduits was not a requirement of the Framework Directive.
