Schedule 1: The electronic communications code Part 1: Key Concepts
Paragraph 1 is introductory and signposts the location of other definitions in the code.
	Paragraph 2 defines "operators" as firstly, those who have been designated by Ofcom under section 106 of the 2003 Act as being persons to whom the code applies and secondly (in certain circumstances) the Secretary of State or a Northern Ireland department. The amendments made to section 106 of the 2003 Act by section 4 of this Act extend the definition of operators to include not only providers of electronic communications networks but also providers of infrastructure systems (see Paragraph 7). Operators are the only persons who can exercise code rights under the electronic communications code.
	Paragraph 3 sets out the code rights: a list of specific rights relevant to the installation on, under or over land of electronic communications apparatus. These are broadly the same as the equivalent rights in the existing code. The code right to lop or cut back trees and vegetation that interfere with electronic communications apparatus is new. Note also the definition of land in paragraph 108 which clarifies that the code does not confer a right on an operator to install apparatus on other apparatus. Paragraph 3 provides that code rights can only be exercised for the "statutory purposes".
	Paragraph 4 defines the statutory purposes as the provision of the operator’s "network" or the provision of an "infrastructure system". These terms are defined in paragraphs 6 and 7.
	Paragraph 5 defines electronic communications apparatus i.e. the apparatus which can be installed on, under or over land. This definition is important for two reasons. Firstly, it defines the scope of what can be installed and kept on land under the provisions of the code. Secondly, because paragraph 108(1) specifically provides that land does not include electronic communications apparatus, anything that falls within the definition of ‘electronic communications apparatus’ (as it is set out in paragraph 5) cannot have code rights imposed against it. This has the practical effect of ensuring that one code operator cannot seek to exercise code rights against the apparatus of another (or indeed against the apparatus of a person who is not a code operator). Paragraph 5 defines electronic communications apparatus in broad terms, which reflect its diversity. Whether a particular structure or thing has been adapted to a point at which it can properly be considered as electronic communications apparatus is a question of fact, which will depend on the specific circumstances, including what the parties have agreed, the nature of the installation and the extent of the adaptation.