For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

In this part of this Schedule—

• “the 2003 Act” means the Communications Act 2003 M1;

• “electronic communications apparatus” has the same meaning as set out in paragraph 5 of the electronic communications code;

• “the electronic communications code” has the same meaning as set out in sections 106 to 119 and Schedule 3A of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code;

• “network” means—

  1. a

     so much of a network or infrastructure system provided by an operator as is not excluded from the application of the electronic communications code by a direction under section 106(5) of the 2003 Act; and

  2. b

     a network which the Secretary of State is providing or proposing to provide; and

• “operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act and who is an operator of a network.