Electronic Communications Act, 2008
ACT 775
(2) A network operator shall before carrying out road works under subsection (1),
(a) obtain from the relevant authorities plans showing the utility
installations that might be affected,
(b) submit detailed plans of the intended road works to each
utility installation owner likely to be affected by the works,
(c) first obtain written permission from the affected utility
installation owner for road works that might affect a utility
installation,
(d) notify the Authority of intended road works, and
(e) obtain an environmental clearance certificate from the
Environmental Protection Agency.
(3) Where a network operator fails to obtain the permission of a
utility installation owner under subsection (2) (c), and there is a dispute,
the Authority shall resolve the dispute .
(4) The Authority on receipt of a notice under subsection (2) (d),
shall notify other operators or public utilities of the intended road works
and inquire whether they have an intention to undertake similar road
works.
(5) Before carrying out road works, a network operator shall publish a description of the works in both electronic and print media in the
locality in which the road works are to be carried out and shall inform
affected persons by a means specified by the Authority.
(6) Road works shall not commence until after the expiration of
fourteen days from the date of the receipt of the permission and the environmental clearance certificate.
(7) The licensee may with the approval of the Authority dispense
with the requirement set out in subsection (6) in the event of an emergency.
(8) A network operator may dispense with the requirement of subsection (2) (c) where the Authority certifies in writing that the intended
road works are necessitated by an emergency.
(9) A network operator or public utility notified under subsection
(4) shall not carry out road works within three months after the receipt of
the notice except where the network operator or public utility proves to
the satisfaction of the Authority the necessity of carrying out emergency works.
(10) The network operator shall carry out the removal or alteration of utility installation and where the affected utility installation owner
carries out the removal or alteration, the cost shall be borne by the
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