On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/12/1999.
PART III
ERECTION, MAINTENANCE AND REPAIR OF TELECOMMUNICATION INSTALLATIONS
12.
—(1) Whenever it appears to a public telecommunication licensee that it shall or probably shall be necessary to exercise the powers conferred by this Act upon a public telecommunication licensee in respect of any land other than State land for the provision of any telecommunication service, that licensee or any person authorised by that licensee in that behalf may, after giving not less than 3 hours’ previous notice to the occupier thereof, if any, enter upon the land and may survey and take levels and do all other necessary acts preparatory to the provision of the service, so far as the same may be possible without causing any damage or disturbance.
(2) In the event of any damage or disturbance being caused by reason of the entry, the public telecommunication licensee shall pay compensation to the owner or occupier thereof.
(3) Nothing in this section shall be deemed to authorise any employee or agent of a public telecommunication licensee to cut down or clear away any vegetation or any fence or other erection or to enter any building or upon any enclosure attached to any building.
13. For the purpose of providing any telecommunication service, a public telecommunication licensee or any person authorised by the Authority in that behalf may, at any reasonable time, enter upon any State land and may, subject to the approval of the Authority and the Collector of Land Revenue, erect in or upon the State land such installation or plant used for telecommunications or excavate such trenches as may be necessary or proper for the purpose of providing the telecommunication service, and may carry out all necessary works in connection therewith, and may, in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for that purpose, but —
(a)
where any such work interferes with improvements, buildings, growing trees or crops, the licensee shall pay compensation for any damage or disturbance; and
(b)
where the land is occupied under a licence for temporary occupation, the compensation shall be paid to the occupant under the licence.
14.
—(1) Subject to this section, whenever it is necessary to do so for the purposes of providing any telecommunication service under this Act, a public telecommunication licensee may lay, place or carry on, and erect under, upon or over any land, other than State land, such installation or plant used for telecommunications as may be necessary or proper for such purposes and may take such other action as may be necessary to render such installation or plant safe and efficient, paying compensation to any person interested for any damage, disturbance or disability that may be caused thereby.
(2) Any compensation payable under subsection (1) may include an annual payment for land or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant.
(3) A public telecommunication licensee shall not acquire any right other than that of user only in respect of any land or property under, over, along, across, in or upon which the licensee places any installation or plant used for telecommunications under this section.
(4) Before entering on any land for the purpose specified in subsection (1), a public telecommunication licensee shall give 14 days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done.
(5) The notice shall be given to the owner or occupier of the land in the manner provided under this Act.
(6) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (4), lodge a written objection with the Authority and the Authority shall specify a date to inquire into any such objection.
(7) If no objection is lodged within the time specified in subsection (6), the public telecommunication licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (4).
(8) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Authority shall hold an enquiry, giving each party an opportunity to be heard.
(9) Subject to subsection (10), upon the conclusion of the enquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, any of the acts mentioned in the notice given under subsection (4) to be carried out.
(10) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the enquiry, appeal to the Minister whose decision shall be final.
15. Nothing in section 14(1) and (6) shall —
(a)
affect the right of a public telecommunication licensee to enter into an agreement, commonly known as a wayleave agreement, with the owner or occupier of any land for the purpose of laying, placing, carrying or erecting any installation or plant used for telecommunications on the land;
(b)
affect any such wayleave agreement subsisting immediately before the appointed day; or
(c)
affect the right of a public telecommunication licensee to negotiate the use of land or facilities belonging to the State or any other person.
16.
—(1) Whenever it is necessary to do so for the purposes of carrying out any functions and duties of the Authority under this Act or any regulations made thereunder, the Authority may enter upon any land or building, or stop or board any vessel, aircraft or vehicle and may carry out all necessary inspections or investigations and do all things necessary for such purpose.
(2) Whenever it is necessary to do so for the purpose of inspecting, maintaining or repairing a public telecommunication licensee’s installation or plant or for the purpose of carrying out any functions conferred on a public telecommunication licensee under this Act or under any licence granted under section 5, that licensee or any person authorised by that licensee in that behalf may, at any reasonable time, enter upon any land or building, whether or not such installation or plant has been laid, placed, carried or erected on, under, upon or over the land or building, and may carry out all necessary inspection, maintenance or repair, and may in the course thereof, fell or lop trees, remove vegetation and do all other things necessary for the purpose, causing as little damage as possible and paying compensation to any person adversely affected for any damage that may be caused thereby for which compensation has not already been assessed under section 14.
17.
—(1) Where a public telecommunication licensee’s installation or plant has been laid, placed, carried or erected on, under, upon or over any land under section 13 or 14, and any owner or occupier of the land or any person to or by whom the land is subsequently alienated or occupied desires to use the land in such manner as to render it necessary or convenient that such installation or plant should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require that licensee to remove or alter such installation or plant accordingly.
(2) If the licensee fails to comply with the requisition, the person may apply in writing to the Authority and the Authority shall, as soon as practicable, specify a date to inquire into the facts of the case.
(3) Subject to subsection (8), upon the conclusion of the enquiry, the Authority may require, subject to such terms, conditions and stipulations as it thinks fit, the removal or alteration of such installation or plant.
(4) Whenever a public telecommunication licensee’s installation or plant has been laid, placed, carried or erected on any State land by such licensee, and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to a higher or lower level, of such installation or plant, and subsections (1), (2) and (3) shall apply to any such requisition, and the costs of executing the removal shall be defrayed by the person making the requisition.
(5) Where an owner of any land desires to use his land for the purposes of development and he considers it necessary that a public telecommunication licensee’s installation or plant that has been laid, placed, carried or erected on his land should be removed therefrom, he may request the licensee to remove the same from his land.
(6) Where a public telecommunication licensee undertakes the work of removal pursuant to the request of the owner under subsection (5), the owner shall pay compensation to the licensee.
(7) Subject to subsection (8), if a public telecommunication licensee does not intend to undertake the work of removal pursuant to the request of the owner under subsection (5), that licensee shall, by notice in writing, inform the owner and the Authority of its intention and the Authority shall specify a date not less than 14 days from the date of the notice to inquire into the facts of the case.
(8) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the enquiry, appeal to the Minister whose decision shall be final.
18.
—(1) Where, in the opinion of a public telecommunication licensee, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near the licensee’s installation or plant may interrupt or interfere with any telecommunication service or cause damage to such installation or plant, the licensee may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.
(2) A public telecommunication licensee shall, in the exercise of its powers under subsection (1), be subject to the provisions of the Parks and Trees Act (Cap. 216).
(3) Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the public telecommunication licensee’s installation or plant was placed, erected or installed, the licensee may subject to subsections (4) and (5) pay to any person adversely affected such sum as may be agreed by way of compensation.
(4) No further compensation shall be paid for the felling or lopping of any tree or the clearing of any vegetation where the action is necessary for the maintenance of a public telecommunication licensee’s installation or plant and the tree and vegetation have grown or been allowed to grow since the payment of compensation under subsection (3).
(5) No compensation shall be payable by a public telecommunication licensee under subsection (3) in respect of any tree within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree was in existence prior to the construction of the road.
(6) In the event of the owner or occupier of any land felling, lopping or clearing any tree or vegetation adjacent to a public telecommunication licensee’s installation or plant, the owner or occupier shall give the licensee 14 days’ notice in writing of his intention to do so and shall take all such reasonable precautions as the licensee may require for the protection of such installation or plant.
(7) If any such owner or occupier fails to give notice as provided under subsection (6) or having given notice fails to take any such reasonable precautions as the public telecommunication licensee may have required, he shall be liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, and a certificate purporting to be under the hand of the Chief Executive of the licensee stating the amount of the cost and expense incurred by the licensee shall be prima facie evidence of the amount due from the owner or occupier.
(8) If the amount due for the cost and expense is not paid within 7 days after demand, the amount may be recovered in the same manner as if it were a simple contract debt.
(9) If any tree is felled or vegetation is cleared upon land adjacent to a public telecommunication licensee’s installation or plant, it shall be presumed until the contrary is proved that the tree was felled or the vegetation was cleared by the owner or occupier of the land or by his employees or agents acting as such.
19. Any developer or owner of a building who requires any telecommunication service of a telecommunication licensee shall provide at his expense, and in accordance with such specifications as the Authority may publish, such space and facilities within or on the building and access thereto, as may be necessary for the operation of any installation or plant to be used in providing the telecommunication service.
20.
—(1) Any person who intends to install, erect or construct, within a radius of 200 metres from the site of a telecommunication licensee’s installation or plant used in connection with its radio-communication service, any building more than 30 metres above ground level shall notify the licensee in writing before carrying out any such installation, erection or construction.
(2) The telecommunication licensee may, after receiving such notification from the person, make arrangements with the person for the licensee to enter upon the building at any reasonable time to provide such accommodation or other facilities in or around the building as may be necessary or proper for any installation or plant used in connection with radio-communication service to be laid, placed, constructed, erected or installed in, on or around the building.
(3) Where, in the opinion of a telecommunication licensee, a building which is installed, erected or constructed after the licensee’s installation or plant used in connection with its radio-communication service was laid, placed, constructed, erected or installed in or around the building, interrupts or interferes with the licensee’s radio-communication service or system, the licensee may, with the approval of the Authority, at any reasonable time, enter upon the building to provide such accommodation or other facilities in or around the building as may be necessary or proper for such installation or plant to be laid, placed, constructed, erected or installed in, on or around the building for the purposes of eliminating such interruption or interference.
(4) The telecommunication licensee shall pay compensation to the owner or occupier of any building for any disturbance, disability or damage caused as a result of any act of the licensee under subsection (2) or (3).
(5) For the purposes of this section and section 19, “a building” means any permanent or temporary building and includes any structure or erection of any kind (whether permanent or temporary) and any extension, modification or alteration made thereto.
21.
—(1) Where the Authority considers it necessary that any telecommunication service should be provided to any building, whether completed or not, or that the quality of a telecommunication service provided to any building be enhanced, the Authority may by direction —
(a)
require, in connection with paragraph (b), the developer or owner of the building or land to provide at his expense, within such period as may be specified in the direction, such space and facilities within or on the building or land, and access thereto, as the Authority may specify in the direction; and
(b)
require any telecommunication licensee to install, within such period as may be specified in the direction, such installation, plant or system as the Authority considers necessary for the provision, or the enhancement of quality, of the telecommunication service.
(2) Any direction under subsection (1) may include —
(a)
a requirement that the telecommunication licensee shall contribute, wholly or partly, to such costs and expenses incurred for the provision of any installation, plant or system, or space or facilities under subsection (1) as the Authority may determine; and
(b)
such other requirements as the Authority may specify.
(3) Any person who fails to comply with any requirement in a direction under subsection (1) shall be guilty of an offence.
22.
—(1) The Authority may direct any telecommunication licensee to co-ordinate and co-operate, in such manner and on such terms as the Authority may specify, with any other person, in the use or sharing of any installation, plant or system, or part thereof, used for telecommunications.
(2) Any person who fails to comply with any direction under subsection (1) shall be guilty of an offence.
23.
—(1) If any dispute arises concerning the sufficiency of compensation to be paid under sections 12(2), 13, 14(1), 16(2), 17(6), 18(3) and 20(4), it shall, on application for that purpose by any aggrieved person to the Authority, be determined by the Authority.
(2) If any aggrieved person is dissatisfied with the Authority’s determination, he may, within 14 days of the determination, appeal to the Minister whose decision shall be final.
24. The execution of any work by a public telecommunication licensee under this Act which may affect any street, railway, river, canal, or other waterway or any system of irrigation, drainage or water supply or any telecommunications, harbour works or any other public or private works, and the erection of any installation or plant used for telecommunications whether over, on or under the ground shall be carried out in a lawful manner having regard to the safety of any person or property.
25.
—(1) The installation or plant used for telecommunications of a public telecommunication licensee shall not be subject to distress or be liable to be taken in execution under any process of a court in any bankruptcy or insolvency proceedings against any person without the prior approval of the Minister in writing.
(2) Every installation or plant used for telecommunications placed under, over, along, across, in or upon any property by a public telecommunication licensee shall remain the property of the licensee concerned whether or not it has become in whole or in part a fixture.