The Electronic Communications Code (Conditions and Restrictions) Regulations 2003

Lines

4.—(1) A code operator shall install all lines underground unless—

(a) the line is flown from a pole in an area where service lines are already flown from poles;

(b) the line is—

(i) affixed to and lying on the exterior surface of a building or other permanent structure and is either used as a service line or terminates at a service line distribution point;

(ii) a service line flown from the eaves of one building or other permanent structure to those of another where the distance between them is less than 8 metres; or

(iii) a feeder cable connecting equipment for the provision of services by wireless telegraphy;

and is neither affixed to a building shown as grade 1 or category A in the statutory list of buildings nor located in a conservation area;

(c) the line is attached to or supported by poles or pylons which are used in connection with the transport of electricity at a nominal voltage of at least 6000 volts;

(d) the line is installed for the purpose of providing a temporary electronic communications network under regulation 15; or

(e) it is not in all the circumstances reasonably practicable to do so.

(2) A code operator shall ensure that any lines installed over the carriageway of—

(a) a maintainable highway or, in Scotland, a public road are placed at least 5.5 metres above the surface of the highway or road; and

(b) a maintainable highway or, in Scotland, a public road which is a high load grid route are placed at least 6.5 metres above the surface of the highway or road.

(3) If requested by any person to relocate a line which is already installed above the ground, a code operator must relocate that line unless—

(a) he determines either that the request is unreasonable or that the person making the request will not pay the costs of the relocation; and

(b) he notifies that person of that determination within 56 days of the receipt of the request.