24 No. 18
Tanzania Communications
1993
(2) Where an undertaker has given notice in writing in accordance
with subsection (1), the public telecommunication licensee shall, within
one month of the-receipt of the notice, inform the undertaker in writing
that the proposed work has either been approved or that, in accordance
with subsection (3), certain requirements are considered necessary to
be effected or that the matter referred to in the notice is receiving
attention; and in the event of no notification in writing being so given,
the position of any electric supply line specified in that notice given in
accordance with subsection (1) shall, for the purposes of this Act, be
deemed to have been approved in writing.
(3) If the public telecommunication licensee considers that the work
is likely to interfere unduly with any telephone or telegraph services
provided by the public telecommunication licensee, he may inform the
undertaker or the railway operator of any requirements he may consider
necessary to be effected by the undertaker or the railway operator in
order to remove or lessen the anticipated interference; and in so doing
the public telecommunication licensee shall have regard not only to the
interests of the telephone or telegraph services but also to the interests
of persons supplied or who may be supplied with electricity by the
undertaker and of all persons using the facilities provided by the railway
operator.
(4) If the undertaker or the railway operator does not agree to effect
the requirements, or any altered requirements consequent upon any
discussion between the public telecommunication licensee and the undertaker or the railway operator, the public telecommunication licensee
may refer the matter to the Minister responsible for lands, and where
the public telecommunication licensee so refers the matter the undertaker or the railway operator shall not, save in so far as may be agreed
to by the public telecommunication licensee, proceed with the execution
of the work until the Minister has given his decision under this section.
(5) Where any matter has been referred to the Minister responsible
for lands under this section he may appoint any person or committee
to investigate the matter and to make a report on it to him; and the
public telecommunication licensee and the undertaker or the railway
operator shall be entitled to be heard before the person or committee.
(6) After considering the report of the person or committee, the
Minister responsible for lands may give such decisions as he may think
fit, and the decision may specify what requirements, if any, the undertaker or the railway operator shall comply forthwith executing the work;
and that decision shall be final.
(7) A public telecommunication licensee may by notice in the Gazette
specify general requirements to be observed by any undertaker or railway
operator when erecting, placing or altering the position of any electric
supply line; and in the notice the public telecommunication licensee may
provide that it shall not be 'necessary(a) for any undertaker or railway operator effecting any specified
class of work;