1008
CHAPTER XI GENERAL
PART 20
Entry Upon Land
Access and use of public property
147. (1) When a telecommunications services provider or operator intends to constructor install any
telecommunications facility on public property, a copy of the request for approval submitted under section
55(2) of the Act to the administrative authority having jurisdiction over the property shall also be submitted
to the Authority.
(2) The submission referred to in subrule (1) shall be accompanied by a certificate signed by a responsible
officer of the provider or operator:
(a) that all permits and approvals required by other Government agencies, including such
permits or approvals as may be required by environmental law have been applied for;
and
(b) a statement identifying the
(i)
nature and purpose of the proposed telecommunications facility;
(ii)
any existing telecommunications and/or radio licence pursuant to which permission
to operate the proposed facility has previously been granted by the Authority;
(iii) the technical specifications of the proposed facility;
(iv) the extent of any facilities sharing, colocation or other agreements pertaining to
the proposed telecommunications facility;
(v) the extent of the construction required; and
(vi) the length of the construction period.
(3) If a current and valid telecommunications or radio licence covering the telecommunications facility
proposed to be constructed on public property has not been issued by the Authority, the documents
required by subrules (1) and (2) may be submitted as attachments to an application for a new
telecommunications or radio licence.
(4) Telecommunications and radio licenses for telecommunications facilities that require the approval of
other Government agencies shall be issued on a provisional basis subject to the condition that the applicant
obtain all other necessary approvals.
(5) Provisional licences shall become final upon the satisfaction of the conditions stated therein, and to
permits and approvals from other government bodies, evidence theta condition has been satisfied shall be
submitted to the Authority in the form of a copy of the approval issued by the relevant government body or
bodies identified in the condition and upon the submission of the approval referred to in this subsection! a
provisional licence is deemed to have become final 7 days following the submission unless the Authority
takes further action.