Telecommunications Act 1984
c. 12
(6) Where terms specified in an order under paragraph 5 above
require the payment of any sum to a person who cannot be found or
ascertained, that sum shall be paid into court.
Notices and applications by potential subscribers
8.-(1) Where(a)
it
is reasonably necessary for the agreement of any person to
the conferring of any right, or to any right's binding any
person or any interest in land, to be obtained by the
operator before another person (" the potential subscriber ")
may be afforded access to the operator's system, and
(b) the operator has not given a notice or (if he has given a
notice) has not made an application in respect of that
right under paragraph 5 above,
the potential subscriber may at any time give a notice to the
operator requiring him to give a notice or make an application under
paragraph 5 above in respect of that right.
(2) At any time after notice has been given to the operator under
sub-paragraph (1) above, the operator may apply to the court to
have the notice set aside on the ground that the conditions mentioned in that sub-paragraph are not satisfied or on the ground
that, even if the agreement were obtained, the operator would not
afford the potential subscriber access to the operator's system and
could not be required to afford him access to that system.
(3) Subject to any order of the court made in or pending any
proceedings under sub-paragraph (2) above, if at any time after
the expiration of the period of 28 days beginning with the giving
to the operator of a notice under sub-paragraph (1) above the
operator has not complied with the notice, the potential subscribes
may himself, on the operator's behalf, give the required notice and
(if necessary) make an application under paragraph 5 above or, as
the case may be, make the required application.
(4) The court may, on an application made by virtue of subparagraph (3) above, give such directions as it thinks
fit-
(a) with respect to the separate participation of the operator in
the proceedings to which the application gives rise, and
(b) requiring the operator to provide information to the court.
the effect
a
potential
as
by
any
person
taking
the
of preventing or restricting
subscriber of any step under this paragraph shall be void to the extent
that it would have that effect.
(5)
A covenant, condition or agreement which would have
(6) Nothing in this paragraph shall be construed as requiring
the operator to reimburse the potential subscriber for any costs
115
ScH.2