Final Draft/Rev.5

(c) carry out such work with minimum damage to the
property of that owner or occupier or telecommunication
infrastructure on, over, or under that property; and
(d) make good all streets, roads, footpaths, waterways,
railways, telecommunication lines or other infrastructure
disturbed by such work.
(2) A licensee shall be liable for compensation for injury or
damage caused to any property including telecommunication lines or
other infrastructure if such injury or damage was caused wilfully or
through the negligence of its employees.
(3) Any person who, either directly or indirectly by his or her
servant or employee, by an animal, vehicle or thing owned by that
person or in his or her custody, with intention or through negligence,
destroys or damages any line, mast, building or other component
constituting telecommunication infrastructure, shall be liable to pay the
owner or, if applicable, the user of the infrastructure, the cost of
making good the destruction or damage.

Technical
feasibility and
compatibility

42. A licensee shall, in order to fulfil essential requirements, ensure that
the network operations or services it provides are technically feasible
and are compatible with the networks, operations or services provided
by other licensees.

Essential
requirements
applicable to
terminal
equipment

43. (1) Every service provider and every person who supplies
telecommunications equipment shall ensure that any terminal
equipment provided or supplied by him or her complies with the
following essential requirements, that is to say that it(a)

is electrically safe for users, subscribers or the
employees of the telecommunications system operators;

(b)

is electromagnetically compatible with other equipment
to which it is or will be connected or used;

(c)

is fitted with a device which will protect the
telecommunications system of which it is a part or to
which it is connected against electrical, electromagnetic
or other similar damage;

(d)

makes efficient use of the radio spectrum where
applicable; and

(e)

is
capable
of
interworking
with
other
telecommunications equipment for the purpose of
establishing, modifying, charging for, holding or
clearing real or virtual connections.
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