Communications
2003 No. 19
A 337
(2) If a licensee engages in an activity under this Part in relation to any land,
the provider shall take all reasonable steps to restore the land to a condition that is
similar to its condition before the activity began.
(3) All licensees shall, in connection with the installation of their respective
network facilities, take all reasonable steps to—
(a) act in accordance with good engineering practice ;
(b) protect the safety of persons and property ;
(c) ensure that the activity interferes as little as practicable with—
(i) the operations of a public utility ;
(ii) public roads and paths ;
(iii) the movement of traffic ; and
(iv) the use of land ; and
(d) protect the environment.
(4) All licensees shall take all reasonable efforts to enter into respective
agreements with public utilities that make provision for the manner in which the
licensees will engage in activities that are—
(a) covered by this Part ; and
(b) likely to affect the operations of the utility.
137.—(1) Notwithstanding the provisions of any other written law, a licensee
shall provide another licensee with non-discriminatory access to any post, network
facilities or right-of-way owned or controlled by him.
Access to
network
facilities.
(2) Notwithstanding the provisions of subsection (1) of this section, a licensee
may deny any other licensee access to his post network facilities or right-of-way on
a non-discriminatory basis where there is insufficient capacity, or for reasons of
safety, security, reliability, or difficulty of a technical or engineering nature.
(3) The Commission shall, in the event of a dispute between licensees in respect
of the provisions of subsections (1) and (2) of this section, at the instance of any or
all of the parties, intervene and make a binding ruling thereon.
(4) The Commission may regulate the rates, terms and conditions for access
to any post, network facilities or right-of-way and provide that such rates, terms and
conditions are just and reasonable and may adopt procedures necessary and
appropriate to hear and resolve disputes in accordance with Part VII of Chapter V.
(5) Nothing in this section shall be construed to apply to or to give the Commission
jurisdiction with respect to access to any posts, network facilities or right-of-way where
a State Authority, local authority or other authority regulates such matters.
PART II—JURISDICTION, OFFENCES, POWERS OF ENTRY, ETC.
138. The Federal High Court shall have exclusive jurisdiction over all matters,
suits and cases howsoever arising out of or pursuant to or consequent upon this Act or
its subsidiary legislation and all references to “Court” or “Judge” in this Act shall be
understood and deemed to refer to the Federal High Court or a Judge of the said Court.
Competent
Court.