Title page
Contents
Section 1. Ministerial foreword 3
Section 2. General information 5
Section 3. Executive Summary 7
Section 4. Terms to accompany Part 4A interim Code rights 13
4.1. Providing the landowner with details of the works to be carried out 13
4.2. Obtaining necessary consents, permits, licences, permissions, authorisations or approvals for the works to be carried out 14
4.3. Giving notice to the landowner (or other specified persons) before entering on the connected land 14
4.4. Limiting operator rights of access to specified times, except in cases of emergency 15
4.5. The manner in which the works are carried out 16
4.6. Restoration of the connected land at the end of the works, to the reasonable satisfaction of the landowner 17
4.7. Insurance cover or indemnification of the landowner 18
4.8. Maintenance or upgrading by the operator of apparatus installed on, under or over the connected land in the exercise of the Part 4A code rights 19
4.9. Imposing requirements or restrictions on the landowner for the purposes of preventing damage to the apparatus; Facilitating access to the apparatus for the operator, or otherwise preventing... 20
4.10. The assignment of the agreement 21
4.11. Preventing an operator unnecessarily preventing or inhibiting the provision of an electronic communications service by any other operator 21
Section 5. Policy proposals: the process for making an application to the Tribunal and the duration of interim Code rights 23
5.1. Conditions that the operator must satisfy before giving the landowner a final notice 23
5.2. Evidence requirements needed for a Part 4A application 24
5.3. Specify the length of time the operator has after issuing the final warning notice to make an application to the tribunal 26
5.4. Specify the length of time (no longer than 18 months) after which the Part 4A rights will expire 26
Section 6. Policy proposals regarding the scope of the legislation 28
6.1. Types of Property in Scope 28