Telecommunications Act 1984
c. 12
(2) The telecommunications code shall not be applied to a
person authorised by a licence under section 7 above to run a
telecommunication system unless(a) that licence is a licence to which section 8 above
applies ; or
(b) it appears to the Secretary of State(i) that the running of the system will benefit the
public ; and
(ii) that it is not practicable for the system to be
run without the application of that code to that
person.
(3) Where the telecommunications code is applied to any
person by a licence under section 7 above it shall have effect
subject to such exceptions and conditions as may be included in
the licence for the purpose of qualifying the rights exercisable
by that person by virtue of the code.
(4) Without prejudice to the generality of subsection (3) above,
the exceptions and conditions there mentioned shall include such
exceptions and conditions as appear to the Secretary of State
to be requisite or expedient for the purpose of securing(a) that the physical environment is protected and, in particular, that the natural beauty and amenity of the countryside is conserved ;
(b) that there is no greater damage to streets or interference with traffic than is reasonably necessary;
(c) that funds are available for meeting any liabilities which
may arise from the exercise of rights conferred by or
in accordance with the code ;
and any condition falling within this subsection may impose on
the person to whom the code is applied a requirement to comply
with directions given in a manner specified in the condition and
by a person so specified or of a description so specified.
(5) A licence under section 7 above which applies the telecommunications code to any person in relation toy any part or
locality of the United Kingdom shall include a condition requiring that person to cause copies of(a) the exceptions and conditions subject to which the
telecommunications code has effect as so applied ; and
(b) every direction given in a manner specified in any such
condition by a person so specified or of a description
so specified,
to be open for inspection by members of the public free of charge
at such premises in that part or locality as are specified in the
licence or are of a description so specified.
(6) Before granting under section 7 above a licence which
applies the telecommunications code to a particular person in
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PART
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