No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
45
COMMUNICATIONS ACT, 2009
public purposes, and any railway, and construct and maintain a telecommunications
facility upon, under, over, along or across any land, street, road, footpath or waterway or
any railway, and alter or remove the same, and may for that purpose attach wires, stays
or any other kind of support to any building or other structure.
Underground pipes for telecommunication service purposes
61.
(1)
If any local authority and carrier agree that in a particular area
electricity supply and the telecommunication services of that carrier must be provided
by means of underground cables, that local authority may on any premises within the
said area, when installing such cables for an underground electricity supply line on the
said premises, in accordance with the requirements of the carrier provide a conduit pipe
or other facility for the installation of an underground telecommunication service line
from a point of connection on the street boundary to a building on those premises.
(2)
The costs of the provision of the said conduit pipe or other facility is
payable to the local authority in question and is for the purpose of any law deemed to be
fees payable by the owner of the premises in question to the local authority in respect of
the installation of the electricity supply line.
Pipes under streets
62.
A carrier may, after reasonable notice in writing to the local authority
or person owning or having the care and maintenance of any street, road or footpath,
construct and maintain in the manner specified in that notice any pipes, tunnels or tubes
required for telecommunication facilities under any such street, road or footpath, and
may alter or remove the same, and may for such purposes break or open up any street,
road or footpath and alter the position thereunder of any pipe (not being a sewer drain
or main) for the supply of water, gas or electricity: Provided that the local authority or
person to whom any such pipe belongs or by whom it is used is entitled at all times while
any work in connection with the alteration in the position of that pipe is in progress, to
supervise that work, and the carrier must pay all reasonable expenses incurred by any
such local authority or person in connection with any alteration or removal under this
section or any supervision of work relating to such alteration.
Removal of pipes and facilities
63.
(1)
If a carrier finds it necessary to move any telecommunication
facilities, pipes, tunnels or tubes constructed upon, in, over, along, across or under any
land, railway, street, road, footpath or waterway, owing to any alteration of alignment
or level or any other work on the part of any public authority or person, the cost of the
alteration or removal must be borne by that local authority or person.
(2)
Where any telecommunication facility, pipe, tunnel or tube constructed
by a carrier passes over any private property and interferes with any building about to be
erected on that property, the carrier must, on receiving satisfactory proof that a building
is actually to be erected, cause the line to be deviated or altered in such manner as will
remove all obstacles to building operations.
(3)
Notice that any such deviation or alteration is required must be given
to the carrier in writing not less than 28 days before the alteration or deviation is to be
effected.