Part 2: Telecommunications Infrastructure Section 67: Unresponsive Occupiers Paragraph 27ZB: Circumstances in which an application for an order under this Part can be made
Sub-paragraph (1) sets out the circumstances in which an application for an order under Part 4ZA can be made. Specifically:
the operator must intend to provide an electronic communications service to relevant premises;
in order to provide that service, the operator must need to install electronic communications apparatus under or over - but not on - the relevant land;
in order to install and operate that apparatus, the operator must require a person (referred to in this Part as "the required grantor") to agree to either confer on the operator a Code right in respect of "relevant land" or be bound by such a Code right exercisable by the operator;
the operator must have given the required grantor a notice (in accordance with paragraph 20(2) of the Code, which sets out what a request notice must contain) seeking that agreement (referred to as a "request notice"); and
the required grantor must have not responded to the operator.
	Sub-paragraph (2) sets out the circumstances when paragraphs 27ZC and 27ZD (which provide for requirements to be met before a Part 4ZA order can be made) do not apply: (a) where the relevant premises falls within the scope of Part 4A and (b) where the relevant land is a "connected land" as defined under paragraph 27B(3) of the Code. This serves to make clear which process - Part 4A or Part 4ZA - should be used, depending on the land which an operator is seeking to access.
	"Relevant land" is defined in sub-paragraph (3)(a) as meaning land which is any land other than land covered by buildings or used as a garden, park or other recreational area.
	Sub-paragraph (3)(b) provides for the making of regulations by the Secretary of State to modify the definition of "relevant land", expanding it so as to include specified types of land that is covered by buildings or used as a garden, park or other recreational area.
	Sub-paragraph (4) provides that, before making regulations modifying the definition of relevant land, the Secretary of State must consult various parties, including operators, persons appearing to the Secretary of State to represent owners of interests in land who are likely to be affected by the regulations, and any other person the Secretary of State thinks appropriate.
	Sub-paragraph (5) makes provision for what constitutes a response by the required grantor. Any engagement in writing - including agreement to the request notice, refusal of it, or any other response to the request notice - by the required grantor with the operator constitutes a response for these purposes.