1009
Access and use of private property
148. (1) When a telecommunications services provider or operator intends to constructor install any
telecommunications facility on private property, a copy of the document evidencing the consent of the
property owner to the acquisition or use of such property obtained under section 56(1) of the Act, or the
request for expropriation submitted under section 56(2) of the Act to the relevant authority or body having
jurisdiction over the property shall also be submitted to the Authority.
(2) The submission referred to in Rule 48(l) shall by accompanied by a certificate signed by a responsible
officer of the provider or operator, 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.
(3)The certificate shall also contain a statement identifying
(1) the notices transmitted to all affected property owners under section 56(1 )(a) of the Act;
(2) the nature and purpose of the proposed telecommunications facility;
(3) any existing telecommunications and/or radio licence pursuant to which permission to
operate the proposed facility has previously been granted by the Authority;
(4) the technical specifications of the proposed facility;
(5) the extent of any facilities sharing, colocation or other agreements pertaining to the
proposed telecommunications facility;
(6) the extent of the construction required; and
(7) the length of the construction period.
(4) If a current and valid telecommunications or radio licence covering the telecommunication facility
proposed to be constructed on private property has not been issued by the Authority the documents
required by rule 48(1) (2) and (3) may be submitted as attachments to an application for a new
telecommunications or radio licence.
(5) To be considered complete, applications for telecommunications or radio licences that require the
acquisition of private property for the installation or construction of facilities shall include a certification that
no reasonable alternatives exist and copies of the notice to affected property owners transmitted under
section 56(1)(a) of the Act.
(6) Telecommunications and radio licences for telecommunications facilities that require the consent of an
owner of private property, or the issuance of an expropriation order by the relevant Government body or
agency shall be issued on a provisional basis subject to the condition that the applicant obtain all necessary
consents or approvals.
(7) Provisional licences shall become final upon the satisfaction of the conditions stated therein
(1) with respect to consent by an affected property owner evidence that a condition has been
satisfied shall be submitted to the Authority in the form of a copy of the document
evidencing the consent;
(2) with respect to a request for expropriation by the relevant Government body, evidence
that a condition has been satisfied shall be submitted to the Authority in the form of a
copy of the expropriation order issued by the relevant Government body identified in the
condition; and
(3) upon the submission of the approval referred to in this subsection a provisional licence
shall be deemed to have become final seven days following the submission unless the
Authority takes further action