Part 2: Telecommunications Infrastructure Section 60: Power to fly lines from apparatus kept by another operator
This Section amends paragraph 74 of the Code to facilitate upgrading and sharing of relevant electronic communications apparatus.
	Paragraph 74 of the Code confers a right on operators who keep electronic communications apparatus on or over land ("main land") for the purposes of their network to install and keep lines connected to such apparatus over land ("neighbouring land") adjacent to, or in the vicinity of, the land on or over which such apparatus is kept. Such lines must be connected to the apparatus on the main land and be kept at a height of three metres or more above the ground and at a distance of more than two metres from any building over which they pass. The typical apparatus to which paragraph 74 applies is telegraph poles.
	Subsections (2) and (3) define the operator referred to in paragraph 74(1) of the Code who keeps the electronic communications apparatus on or over land as the "main operator". This is to distinguish between the main operator and other operators.
	Subsection (4) confers a right on operators other than the main operator to install and keep lines that are connected to the apparatus on the main land and that pass over neighbouring land. This is subject to certain conditions, including the same conditions applicable to the right in paragraph 74(2) of the Code. Subsection (4) effectively enables other operators to benefit from the sharing of apparatus (typically telegraph poles) kept by the main operator.
	Other operators are required to secure the consent of the main operator before exercising the right. The formal requirements for agreements set out in paragraph 11 of the Code do not apply to such consent.
	In addition to the right for other operators to install and keep lines, subsection (6) confers new rights on both the main operator (pursuant to paragraph 74(3A) of the Code) and other operators (pursuant to paragraph 74(3B) of the Code) to upgrade, or carry out works to, apparatus (typically telegraph poles) for the purposes of, or in connection with, the exercise of the right to install and keep lines. The rights in sub-paragraphs 74(3A) and (3B) can be used, for example, to install a box at the top of the telegraph pole connected to a line to complete a connection to a premises.
	The rights in sub-paragraph 74(3A) and sub-paragraph 74(3B) are subject to three conditions in sub-paragraph 74(3C) of the Code. First, such activities must have no more than a minimal adverse impact on the appearance of the apparatus. Second, such activities must have no more than a minimal adverse impact on the land on or over which the apparatus is kept. Third, such activities must cause no loss, damage or expense to any person with an interest in the land on or over which the apparatus is kept.
	Other operators are required to secure the consent of the main operator before exercising the rights in sub-paragraph 74(3B). Similarly, both the main operator and any other operator are required (pursuant to sub-paragraph 74(3D) of the Code) to obtain the consent of the occupier of the main land before accessing it to exercise these rights. The formal requirements for agreements set out in paragraph 11 of the Code do not apply to such consent. Obtaining the consent of any occupier of neighbouring land is not a requirement for the exercise of these rights.