Gambia in accordance with the provisions
of this Act.
Rights to use
land
37. (1) Licensees providing publicly available
information and communications networks have
the right to
(a) request, pursuant to general law, the expr
priation and the constitution of public
easements indispensable to the instal
lation, protection and maintenance of the
respective
systems,
equipment
and
further resources; and
(b) use the public domain, in conditions of
equality, for the implanting, crossing or
passing
over
necessary
for the
installation of systems, equipment and
further resources.
No. 2 of 1992
(2) Subject to any permission required under the
State Lands Act, 1991 and any law regulating the
control and development of land, licensees
providing
information
and
communications
networks and services available to the public
(a) may cut or remove any tree or its branch
which is in contact with any apparatus, post
or works erected, placed or constructed;
and
(b) are ensured the right to request the use of
the public domain as necessary for the
installation of systems, equipment and
further resources.
(3) If publicly accessible information and commu
nications services cannot be provided by installing
information and communications infrastructure on
public land or by way of sharing existing
information and communications facilities, and no
agreement has been concluded between the public
utility or the owner, (manager or user) of the
private property and the service provider, in
accordance with the procedure, laid down in this
section,
the
electronic
communication
58