Schedule 1: The electronic communications code Part 10: Undertaker’s works affecting electronic communications apparatus
Part 10 of the code is concerned with regulating the works of statutory undertakers when those works affect electronic communications apparatus. It replicates what was paragraph 23 of the existing code in Schedule 2 to the Telecommunications Act 1984.
	Paragraph 65 sets out the scope of Part 10.
	Paragraph 66 sets out the key definitions of "undertaker" and "undertaker’s works". The definition includes other code operators, as well those who, under statute, carry on a railway, canal, tramway, road transport, water transport, inland navigation, dock, harbour, pier or lighthouse undertaking.
	Paragraphs 67 and 68 set out the notice requirements that must be complied with before the undertaker may carry out non-emergency works that interfere with an electronic communications network.
	Paragraph 68 provides that an operator served with a notice of proposed works may give counter-notice, requiring the undertaker to alter electronic communications apparatus (as a result of the proposed works) under the supervision and to the satisfaction of the operator, or stating that the operator itself intends to make such an alteration.
	Paragraph 69 requires the undertaker who carries out non-emergency works to pay the operator for any loss or damage sustained as a result of such works and for expenses incurred by the operator in supervising the works.
	Paragraph 70 provides that an operator may alter electronic communications apparatus in connection with non-emergency undertaker’s works where it has given counter-notice that it intends to do so. In such a case, the undertaker must pay the operator any expenses associated with the alteration and the amount of any loss or damage incurred as a result of the alteration. This amount is recoverable in any court of competent jurisdiction.
	Paragraph 71 sets out the notice requirements that must be complied with for the undertaker to alter apparatus in carrying out "emergency undertaker’s works" (defined in sub-paragraph (7)). The undertaker must give notice of the emergency works as soon as is practicable after beginning the works. The undertaker must complete the works to the satisfaction of the operator and must pay the operator any expenses incurred in supervising the work and the amount of any loss or damages sustained as a result of the alteration.
	Paragraph 72 deals with enforcement of Part 10 and corresponds to what were paragraphs 23(8) and (9) of the existing code in Schedule 2 to the Telecommunications Act 1984. It makes provision for criminal offences where an undertaker, or an agent of an undertaker, commences works in contravention of the provisions of Part 10. An undertaker or agent who is guilty of an offence will be liable on conviction to a fine not exceeding level 3 on the standard scale, or level 4 if the service provided by the operator’s network is interrupted.