46
Act No. 8, 2009
Government Gazette 16 November 2009
No. 4378
COMMUNICATIONS ACT, 2009
(4)
If any deviation or alteration of a telecommunications facility, pipe,
tunnel or tube constructed by a carrier and passing over any private property is desired
on any ground other than those contemplated in subsection (2), 28 days’ notice thereof
in writing must be served on the carrier, who may decide whether or not the deviation
or alteration is possible, necessary or expedient, and if the carrier agrees to make the
deviation or alteration, the cost thereof must be borne by the person at whose request
the deviation or alteration is effected: Provided that in any case where in the opinion of
the carrier it is justified, the carrier may bear the whole or any part of the said cost.
Fences
64.
(1)
If any fence erected or to be erected on land over which a
telecommunications facility, pipe, tunnel or tube is constructed or is to be constructed
by a carrier, renders or would render it impossible or inconvenient for the carrier to
obtain access to that land the carrier may at its own expense erect and maintain gates in
that fence and must provide duplicate keys therefor, one of which must be handed to the
owner or occupier of the land.
(2)
Any person intending to erect any such fence must give not less than
six weeks’ notice in writing to the carrier of his or her intention.
Trees obstructing telecommunication facilities
65.
(1)
If in the opinion of a carrier, any tree or vegetation obstructs
or interferes with or is likely to obstruct or interfere with the working or maintenance
of any telecommunications facility, pipe, tunnel or tube, whether or not such tree or
vegetation is on state land or land belonging to a local or authority or other public body
it may issue a notice in terms of subsection (2).
(2)
A notice issued under the circumstances referred to in subsection (1)
must instruct the owner or occupier of the land to cut down or trim the tree or vegetation
specified in the notice in the indicated manner.
(3)
After receipt of a notice under subsection(2), the owner of the land
concerned, or the public body having control of such land, must trim or cut down such
tree or vegetation as specified in the notice at the expense of the carrier.
(4)
If the owner or public body fails to trim or cut down such tree or
vegetation within a reasonable time, the carrier may trim or cut down that tree or
vegetation.
(5)
If such tree or vegetation interferes with or endangers
telecommunications, the carrier may without giving the notice referred to in subsection
(2) cut down or trim such tree or vegetation.
Height or depth of cables and facilities
66.
(1)
Aerial telecommunication wires or cables along any railway or
public or private street, road, footpath or land must be at the prescribed height above the
surface of the ground.
(2)
Underground telecommunication facilities, pipes, tunnels and tubes
must be placed by a carrier at the prescribed depth below the surface of the ground.