SCHEDULE 14PROTECTIVE PROVISIONS
PART 2FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
12.—(1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.
(2) In this Part of this Schedule—
“electronic communications apparatus” has the same meaning as set out in paragraph 5 of the electronic communications code;
“the electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act;
“electronic communications code network” means—
so much of a network or infrastructure system provided by an electronic communication code operator as is not excluded from the application of the electronic communications code by a direction under section 106(5) of the 2003 Act; and
an electronic communications network which the Secretary of State is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; and
“operator” means the operator of an electronic communications code network.