(2) In this Part of this Schedule—  “the 2003 Act” means the Communications Act 2003( a );  “electronic communications apparatus” has the same meaning as in the electronic  communications code( b );  “the electronic communications code” has the same meaning as in section 106 (1) (application  of the electronic communications code) of the 2003 Act( c );  “electronic communications code network” means—  “electronic communications code operator” means a person in whose case the electronic  communications code is applied by a direction under section 106 of the 2003 Act; and  “infrastructure system” has the same meaning as in the electronic communications code and  references to providing an infrastructure system are to be construed in accordance with  paragraph 7(2) of that code; and  “operator” means the operator of an electronic communications code network.  13.  The exercise of the powers of article 35 (statutory undertakers and utilities) is subject to Part  10 undertaker’s works affecting electronic communications apparatus) of the electronic  communications code.  14. —(1) Subject to sub-paragraphs (2) to (3), if as the result of the authorised development or its  construction, or of any subsidence resulting from any of those works—  the undertaker must bear and pay the cost reasonably incurred by the operator in making good  such damage or restoring the supply and make reasonable compensation to that operator for any  other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any  such damage or interruption.  (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any  damage or interruption to the extent that it is attributable to the act, neglect or default of an  operator, its officers, servants, contractors or agents.  (3) The operator must give the undertaker reasonable notice of any such claim or demand and no  settlement or compromise of the claim or demand is to be made without the consent of the  undertaker which, if it withholds such consent, has the sole conduct of any settlement or  compromise or of any proceedings necessary to resist the claim or demand.  15.  Any difference arising between the undertaker and the operator under this Part of this  Schedule must be referred to and settled by arbitration under article 62 (arbitration).  16.  This Part of this Schedule does not apply to—  ( a ) 2003 c. 21.  ( b ) See paragraph 5 of Schedule 3A (the electronic communications code) to the Communications Act 2003 (c. 21). Schedule  3A was inserted by Schedule 1 to the Digital Economy Act 2017 (c. 30).  ( c )  Section 106 was amended by section 104(3) to (9) of the Digital Economy Act 2017.  (a) any apparatus in respect of which the relations between the undertaker and an operator  are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991  Act; or  129 (a) any damage is caused to any electronic communications apparatus belonging to an  operator (other than apparatus the repair of which is not reasonably necessary in view of  its intended removal for the purposes of those works), or other property of an operator; or  (b) there is any interruption in the supply of the service provided by an operator,  (a) so much of an electronic communications network or infrastructure system provided by  an electronic communications code operator as is not excluded from the application of the  electronic communications code by a direction under section 106 of the 2003 Act; and  (b) an electronic communications network which the Secretary of State is providing or  proposing to provide; 