Part 2: Telecommunications Infrastructure Section 57: Rights under the electronic communications code to share apparatus
This Section amends various paragraphs of the Code in relation to operators’ ability to share the use of their electronic communications apparatus with other operators.
	Subsection (2) inserts into paragraph 3 of the Code provisions to make the right to share electronic communications apparatus a specific Code right. It also makes corresponding changes to the rights to carry out works on the land and to enter the land so that they reference these activities being carried out for the purpose of sharing such apparatus. If such a right is agreed or imposed, the Code agreement may include any such terms as are needed to enable the right to be exercised. The provisions make clear that the right to share is a right available solely to an operator keeping apparatus on land in accordance with a Code agreement (the "first operator"). The right, where agreed or imposed, provides the first operator with permission to share that apparatus with others. It does not give other operators the right to require the first operator to share that apparatus. As with the other Code rights, a Code right to share apparatus will only be exercisable in accordance with the accompanying terms (see paragraph 12(1) of the Code). Subsection (4) deals with terms relating to sharing.
	The statutory purposes at paragraph 4 of the Code have been amended at subsection (3) to reflect the new right to share in paragraph 3 of the Code.
	Subsection (4) amends paragraph 9 of the Code to make clear that an agreement under Part 2 of the Code can potentially include terms - subject to whatever is agreed by the parties or imposed by a court - permitting the first operator to share the exercise of its Code rights with another operator, in connection with the sharing of the first operator’s electronic communications apparatus.
	Subsection (5) confirms that the new Code rights inserted into paragraph 3 do not automatically apply to existing agreements under Part 2 of the Code, and also do not affect any rights already granted in an agreement under Part 2 of the Code.
Example: Sharing apparatus between operators
Operator 1 has a Code agreement with a site provider permitting them to install apparatus on the site provider’s land.
Operator 1 is aware that once their apparatus has been installed, other operators may wish to share the use of it. Under the new paragraph 3, they ask for a right to share their apparatus with others. The site provider agrees that they may have this right, subject to the payment of additional consideration if the sharing involved goes beyond the degree of activity permitted by the paragraph 17 automatic rights to share.
Operator 1 subsequently enters into a commercial agreement with Operator 2, permitting Operator 2 to share use of the installed apparatus. This enables Operator 2 to expand their network without having to carry out non-essential installation works. In most cases, Operator 2 will need to access the relevant land in order to install their own equipment on Operator 1’s apparatus. Operator 1 must have authority to permit this access, under the terms of their Code agreement with the site provider, or as a result of their own occupation of the land.