Electronic Communications Act, 2008
ACT 775
(2) A network operator who wishes to install a facility on private
land or building shall
.
(a) obtain the permission of the landowner, and
(b) pay compensation to the landowner for the access to the
land.
(3) In furtherance of the installation, a network operator
(a) may lop or trim a tree that in its opinion is likely to damage
or obstruct its facility,
.
(b) shall avoid causing damage to property or a person and shall
pay full compensation for any damage sustained by any
person because of the installation, and
(c) shall not
(i) place a facility on private land or in a building in a
manner that interferes with or obstructs any business
or cultivation on adjoining land or the use of
adjoining land by the occupier of that land, or
(ii) lop or trim a tree on the land,
if it has not given at least fourteen days written notice to
the owner or occupier of the adjoining land or building,
specifying the work to be done and advising the owner or
occupier of that owner's or occupier's right to give notice
of an objection to the Authority.
(4) An owner or occupier or the agent of an owner or occupier of
land or building who receives notice of a network operator's intention to
place a facility on the land or building may within fourteen days after
receipt of the notice object to the notice by writing to the Authority and
the operator shall not proceed with the work or the part that is objected
to until authorised by the Authority to do so.
(5) Where there is disagreement over the amount of compensation
to which a landowner is entitled or where there is a dispute relating to the
installation or maintenance of a facility on or over land or in a building,
the matter shall be referred to the Authority.
(6) A network operator shall, to the extent feasible, provide access
to its facilities to other network operators in accordance with section 20
and shall co-ordinate its installation or maintenance of facilities on or
over private land or in a private building with other operators.
(7) The rights of an owner of land or property under this section
does not limit any other rights or reliefs that the owner has at law.
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