Paragraph 6

In this Part of this Schedule—

• “the 1990 Act” means the Town and Country Planning Act 1990^f1;

• “the 2003 Act” means the Communications Act 2003^f2;

• “conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;

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

• “the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

• “electronic communications code network” means—

  1. (a)

     so much of an electronic communications network or conduit 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 of the 2003 Act; and

  2. (b)

     an electronic communications network which the Secretary of State or a Northern Ireland department 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;

• “electronic communications network” and “electronic communications service” each has the same meaning as in the 2003 Act;

• “former PTO” means a person—

  1. (a)

     who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the 2003 Act of section 7 of the Telecommunications Act 1984^f3 comes into force, was designated as a public telecommunication system under section 9 of that Act; and

  2. (b)

     who, immediately before that date, was authorised to provide that network or service by a licence to which section 8 of that Act applied;

• “operator”, in relation to an electronic communications code network, means—

  1. (a)

     the electronic communications code operator providing that network; or

  2. (b)

     the Secretary of State or a Northern Ireland department, to the extent that they are providing or proposing to provide that network;

• “owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

• “provide” and cognate expressions, in relation to an electronic communications network, an electronic communications service or associated facilities, are to be construed in accordance with section 32(4) of the 2003 Act;

• “public electronic communications network” and “public electronic communications service” each has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;

• “public utility undertakers” has the same meaning as in the Highways Act 1980^f4.