Telecommunications Act 1984
c. 12
(a) direct the alteration of the apparatus to which the objection
relates ;
(b) authorise the installation (instead of the apparatus to which
the objection relates), in a manner and position specified
in the order, of any apparatus so specified ;
(c) direct that no objection may be made under this paragraph
in respect of any apparatus the installation of which is authorised by the court.
(10) The court shall not make any order under this paragraph directing the alteration of any apparatus or authorising the installation of
any apparatus unless it is satisfied either(a) that the operator has all such rights as it appears to the
court appropriate that he should have for the purpose of
making the alteration or, as the case may be, installing the
apparatus, or
(b) that(i) he would have all those rights if the court, on an
application under paragraph 5 above, dispensed with the
need for the agreement of any person, and
(ii) it would be appropriate for the court, on such an
application, to dispense with the need for that agreement ;
and, accordingly, for the purposes of dispensing with the need for
the agreement of any person to the alteration or installation of any
apparatus, the court shall have the same powers as it would have
if an application had been duly made under paragraph 5 above for an
order dispensing with the need for that person's agreement.
(11) For the purposes of sub-pargraphs (6)(c) and (10) above,
the court shall have power on an application under this paragraph
to give the applicant directions for bringing the application to the
notice of such other interested persons as it thinks fit.
Obligation to affix notices to overhead apparatus
18.-(1) Where the operator has for the purposes of the operator's system installed any telecommunication apparatus the whole or
part of which is at a height of 3 metres or more above the ground,
the operator shall, before the expiration of the period of 3 days
beginning with the completion of the installation, in a secure and
durable manner affix a notice(a) to every major item of apparatus installed ; or
(b) if no major item of apparatus is installed, to the nearest
major item of telecommunication apparatus to which the
apparatus that is installed is directly or indirectly connected.
(2) A notice affixed under sub-paragraph (1) above shall be affixed
in a position where it is reasonably legible and shall give the
name of the operator and an address in the United Kingdom at
which any notice of objection may be given under paragraph 17
above in respect of the apparatus in question ; and any person giving
such a notice at that address in respect of that apparatus shall be
deemed to have been furnished with that address for the purposes
of paragraph 24(4)(a) below.
E2
125
SCH. 2