58 Upgrading and sharing of apparatus: subsisting agreements
Product Security and Telecommunications Infrastructure Act 2022 (2022 c 46) | Legislation

58  Upgrading and sharing of apparatus: subsisting agreements

(1)     Schedule 2 to the Digital Economy Act 2017 (the electronic communications code: transitional provision) is amended as follows.

(2)     In the italic heading before paragraph 5, omit “, upgrading and sharing”.

(3)     In paragraph 5 (exclusion of assignment etc provisions)—

(a)     in sub-paragraph (1), for the words from the beginning to “apparatus)” substitute “Paragraph 16 of the new code (assignment of code rights)”, and

(b)     in sub-paragraph (2), for “Part 3” substitute “Paragraph 16”.

(4)     After paragraph 5 insert—

“Upgrading and sharing provisions

5A

Paragraph 17 of the new code (power for operator to upgrade or share apparatus) applies in relation to an operator who is a party to a subsisting agreement, but as if for sub-paragraphs (1) to (6) there were substituted—

“(1)     This paragraph applies where—

(a)     an operator (“the main operator”) keeps electronic communications apparatus installed under land, and

(b)     the main operator is a party to a subsisting agreement in relation to the electronic communications apparatus.

(2)

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