Telecommunications Act 1984
c. 12
are as mentioned in section 73(1) of
that Act (order on report on merger reference) and the
two or more enterprises which ceased to be distinct
enterprises were engaged in such an activity ; or
the circumstances are as mentioned in section 10(1) of
the 1980 Act (order on report on competition reference)
and the anti-competitive practice relates to the production, supply or acquisition of telecommunication
apparatus or the supply or securing of telecommunica-
(b) the circumstances
(c)
89
PART
VII
tion services.
(3)
1973
Expressions used in this section which are also used in the
Act or the 1980 Act have the same meanings as in that
Act.
96.-(1) Subject to subsection (4) below, where any provision Prohibitions
contained in a lease to which this section applies, or in any and
agreement made with respect to premises to which such a lease restrictions
applying
relates, has the effect of imposing on the lessee any prohibition
p
h
lessees
or restriction with respect to any of the matters falling within respect to
subsection (3) below, that provision shall have effect in relation telecommunications.
to things which are done(a) inside a building, or part of a building, occupied by
the lessee under the lease, or
(b) for purposes connected with the provision to the lessee
by any telecommunications operator of any telecommunication services,
as if the prohibition or restriction applied only where the lessor
has not given his consent in relation to the matter in question
and as if the lessor were required not to withhold that consent
unreasonably.
(2) Where a provision of a lease or agreement imposes
(whether by virtue of this section or otherwise) a requirement
on the lessor under a lease not to withhold his consent unreasonably in relation to any matter falling within subsection
(3) below, the question whether that consent is unreasonably
withheld shall be determined having regard to all the circumstances and to the principle that no person should unreasonably be denied access to a telecommunication system.
(3)
The matters falling within this subsection are(a) the running of relevant telecommunication systems
(b) the connection of any telecommunication apparatus to a
relevant telecommunication system or of relevant
telecommunication systems to each other ; and
(c) the installation, maintenance, adjustment, repair, alteration or use, for purposes connected with the running