No. 34

Communications

95

2. Subject to any written law, if a facilities service licensee 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 facilities service licensee 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 paragraph 3, due regard shall at all times be had
to visual amenity and the preservation of the environment.

5. If any local authority requires that in a particular area electricity supply and
communication services shall be provided by means of underground cable,
each facilities service licensee 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.

6. where ducts and other facilities are provided by the local authority under
paragraph 5, the costs of provision shall be payable by the facilities service
licensees and other public utilities making use of the facilities in proportion
to their use.

7. A facilities service licensee or his representative authorized in writing may,
for the purposes of provision of communication 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.

8. A facilities service licensee shall not exercise the powers conferred by
paragraph 7 except with the prior consent of the owner of the land upon,
over or under which any line is or is to be placed.

9. A facilities service licensee shall not, by reason of the exercise of the rights
conferred by paragraph 7, 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.

10. A facilities service licensee shall do as little damage as possible to land and
to the environment and shall pay reasonable compensation to all interested
persons for any damage or loss sustained by them by reason of the exercise
of the powers under paragraph 7.

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