ABSTRACT

The New Code follows the Old Code in making provision in Part 11, paragraphs 73 to 75 for conferring upon an operator the power to install and keep overhead apparatus on or over land for the purposes of the operator`s network. The persons eligible to object to certain types of apparatus, the time periods within which objections may be made, the conditions required to be satisfied for any objection to be upheld and the orders which the court may make upon hearing any application to uphold the objection to the apparatus are provided for by Part 12 of the New Code. The power applies where any electronic communications apparatus is kept on or over any land for the purposes of an operator`s network. 'Lines' are defined in paragraph 5(3) as meaning: any wire, cable, tube, pipe or similar thing which is designed or adapted for use in connection with the provision of any electronic communications network or electronic communications service.