The Telecommunications Act 1984: Telecommunications Cables
Disclaimer: For reasons of public health and protection of the environment tacit authorisation does not apply to this licence application process.
Consent is required from the Secretary of State for Environment, Food & Rural Affairs for any proposal to install telecommunications cables at sea and in other tidal waters below the level of Mean High Water Springs (MHWS).
The type of consent required depends upon whether the applicant is a telecommunications 'code operator' to whom the Electronic Communications Code (set out at Schedule 2 of the Telecommunications Act 1884 - as amended by Schedule 3 of the Communications Act 2003), has been applied by OFCOM by a direction under Section 106 of the Communications Act 2003.
If the applicant is such a 'code operator' then an application should be made under Paragraph 11 of the Electronic Communications Code. If not (& for cables to be laid on the continental shelf but beyond the limit of territorial waters), Section 34 of the Coast Protection Act 1949 (CPA) applies.
In either case, the procedure for processing the application is entirely the same. However, applications for proposed cables landing in Scotland should be made to the Scottish Executive.
Under the Telecommunications Act 1984, the Secretary of State's powers normally only apply out to the 12 mile limit of United Kingdom territorial waters. However, if the proposed cable route passes within 500 metres of an offshore installation, Section 107 of the Act will apply in respect of the installation, extending those powers to the United Kingdom continental shelf.
Where an application is made under the CPA, the Secretary of State's powers extend to the entire length of the cable across the United Kingdom continental shelf by virtue of the CPA's jurisdiction being extended by the Continental Shelf Act 1964, Section 4(1).
A consent to lay a cable will normally specify a period of three years during which the cable may be laid. Should it not be possible to complete the installation within this timespan, an application for an extension to the consent must be made.
Cable protection activities, such as rock dumping or the deposit of concrete mattresses, are likely to require a FEPA unless specifically consented by a Works Authorisation under the Petroleum Act 1998.