(3) Determinations made pursuant to the
subsection (2) may include rules for apportioning
costs.
(4) In the event of sharing, the Authority may
define measures that place restrictions on the
operation of the facilities to be installed, namely, a
limit on the maximum levels of transmission power.
Compensation
39. (1) With the exception of State-owned public
areas and the owner of the information and
communications structure affected by the shared
use of facilities, the owner of the affected property
(a) is entitled to a compensation corresponding
to the extent of the restriction; and
(b) may also exercise his or her rights under
civil law.
(2) After the completion of the construction, the
licensee installing the information and commu
nications structure shall restore the original
condition of the environment, and the owner of the
other public utility facility, private property or
municipal property used for the installation of the
information and communications structure may
agree with the contractor in an improved
restoration of the area.
(3) The information and communications structure
shall be installed on the affected property so that it
interferes with the exercise of the owners of
adjoining properties to the least possible extent,
within the limit values stipulated by legal
regulations pertaining to environmental protection,
public health, public safety and construction, as
allowed by the circumstances.
(4) Any dispute concerning the amount and
application of compensation under subsection (1)
shall be determined by the Authority whose
determination on the matter shall be final.
(5) The right granted for the use of the public
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