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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(b) alter or remove any pipes, tunnels or tubes required for electronic communications network facilities under any such street, road or footpath and may for
such purposes break or open up any street, road or footpath; and
(c) alter the position of any pipe, not being a sewer drain or main, for the supply
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of water, gas or electricity.
(2)The local authority or person to whom any such pipe belongs or by whom it is used
is entitled, at all times while any work in connection with the alteration in the position
of that pipe is in progress, to supervise that work.
(3)The licensee must pay all reasonable expenses incurred by any such local authority
or person in connection with any alteration or removal under this section or any 10
supervision of work relating to such alteration.
Removal of electronic communications network facilities
25. (1)If an electronic communications network service licensee finds it necessary to
move any electronic communications facility, pipe, tunnel or tube constructed upon, in,
over, along, across or under any land, railway, street, road, footpath or waterway, owing
to any alteration of alignment or level or any other work on the part of any public
authority or person, the cost of the alteration or removal must be borne by that local
authority or person.
(2) Where any electronic communications network facility passes over any private
property or interferes with any building about to be erected on that property, the licensee
must, on receiving satisfactory proof that a building is actually to be erected, deviate or
alter the positioning of the electronic communications facility in such manner as to
remove all obstacles to building operations.
(3) The owner of the property must, in writing, give notice that any such deviation or
alteration is required to the electronic communications network service licensee, not less
than 28 days before the alteration or deviation is to be effected.
(4) If any deviation or alteration of an electronic communications network facility,
pipe, tunnel or tube constructed and passing over any private property is desired on any
ground other than those contemplated in subsection (2), the owner of the property must
give the electronic communications network service licensee written notice of 28 days,
of such deviation or alteration.
(5) The electronic communications network service licensee must decide whether or
not the deviation or alteration is possible, necessary or expedient.
(6) If the electronic communications network service licensee agrees to make the
deviation or alteration as provided for in subsection (3), the cost of such deviation or
alteration must be borne by the person at whose request the deviation or alteration is
effected.
(7) If, in the opinion of the electronic communications network service licensee the
deviation or alteration is justified, the licensee may bear the whole or any part of the said
cost.
(8) Where a dispute arises between any owner of private property and a electronic
communications network service licensee in respect of any decision made by a
electronic communications network services licensee in terms of subsection (4), such
dispute must be referred to the Complaints and Compliance Committee in accordance
with section 17C of the ICASA Act.
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Fences
26. (1) If any fence erected or to be erected on land over which an electronic
communications network facility, pipe, tunnel or tube is constructed or is to be
constructed by an electronic communications network service licensee renders or would
render entry to that land impossible or inconvenient, the electronic communications 50
network service licensee may at its own expense—
(a) erect and maintain gates in that fence; and
(b) provide duplicate keys for such gates, one set of which must be handed to the
owner or occupier of the land.