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SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 8FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

schedule 15 paragraph 116 116.  In this Part of this Schedule—

term the 2003 act the 2003 Act” means the Communications Act 2003;

term the code rights the code rights” has the same meaning as in the paragraph 3 of the electronic communications code(1);

term electronic communications apparatus electronic communications apparatus” has the same meaning as in the electronic communications code;

term the electronic communications code the electronic communications code” has the same meaning as in Chapter 1 of Part 2 (networks, services and the radio spectrum) of the 2003 Act;

term electronic communications code network electronic communications code network” means—

(a)

so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communication code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network which the undertaker is providing or proposing to provide;

term electronic communications code operator electronic communications code operator” means a person in whose case the electronic communication code is applied by a direction under section 106 of the 2003 Act;

term infrastructure system 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(2) of that code; and

term operator operator” means the operator of an electronic communications code network.

(1)

See section 106 of the 2003 Act. Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).