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SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 2FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

schedule 8 paragraph 16 16.  In this Part of this Schedule—

term the 2003 act the 2003 Act” means the Communications Act 2003(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 (electronic communications networks and services) of Part 2 (networks, services and the radio spectrum) of the 2003 Act(2);

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 communications code by a direction under section 106 (application of the electronic communications code) 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 communications code is applied by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and

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

(2)

Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30). Schedule 3A to the Communications Act 2003 was inserted by section 4 of, and Schedule 1 to, the Digital Economy Act 2017.