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provided that—
(a) lines installed over any land shall be placed at the minimum height above the surface of
the ground prescribed by regulations made under section 32.
(b) lines installed under any land shall be placed at the minimum depth below the surface
of the ground prescribed by regulations made under section 32.
(2) If a telecommunication operator finds it necessary to move any line or other facility
constructed upon, over or under any land, owing to any work on the part of any person or
public authority, the cost of the alteration or removal shall be borne by that person or public
authority.
(3) Where a telecommunication operator undertakes any work which disturbs the surface of
a road or footpath, it shall—
(a) restore or re-instate the surface to its original condition; or
(b) compensate the relevant authority or owner of the road.
(4) In taking any action under this paragraph, due regard shall at all times be had to visual
amenity and the preservation of the environment.
Underground
pipes for
installing
2. —(1) If any local authority requires that in a particular area electricity supply and
telecommunication services shall be provided by means of underground cable, each
telecommunication operator authorized to provide services in that area shall enter into an
agreement with the local authority as to the installation and use of ducts and other facilities
necessary for the running of underground cables.
(2) Where ducts and other facilities are provided by the local authority under subsection (1),
the costs of provision shall be payable by the telecommunication operators and other public
utilities making use of the facilities in proportion to their use.
3. —(1) A telecommunication operator or his representative authorized in writing may, for the
purposes of provision of telecommunication services in accordance with his licence—
(a) at all times on reasonable notice, enter upon any land and install and maintain any line
upon, over or under that land;
(b) cut back or prune any branch of a tree which may in any way injure, or which is likely to
injure, impede, or interfere with any line; and
(c) do and perform all other acts and things necessary for the purpose of establishing,
constructing, repairing, improving, examining, altering, or removing any line.
(2) A telecommunication operator shall not exercise the powers conferred by subparagraph
(1) except with the prior consent of the owner of the land upon, over or under which any line is
or is to be placed.
(3) A telecommunication operator shall not, by reason of the exercise of the rights conferred
by subparagraph (1), acquire any right other than that of user only in the land upon, over or
under which any line is or is to be placed;
Right of
access to
land for the
provision of
telecom
munication
services