ABSTRACT
Paragraph 2 contains a definition of 'operator' by reference to s.106 of the 2003 Act. Paragraph 3 contains a definition of a 'code right' in the form of a list of discrete rights from (a) to (i). In this code 'the statutory purposes', in relation to an operator, means – the purposes of providing the operator's network, or the purposes of providing an infrastructure system. Paragraph 5 contains broad definitions of 'electronic communications apparatus', 'line' and 'structure'. The definitions in this paragraph are not dependent upon the ownership of the apparatus, nor upon the actual use to which the apparatus is put. Paragraph 7 defines the expression 'infrastructure system'. Paragraph 9 concerns the conferral of code rights in respect of land on operators. A code right may only be conferred by an agreement between the occupier of the land and the operator. It is not necessary that the occupier should have a proprietary interest in order to confer code rights.
