Power to enter on other land or building for purposes of installation or plant
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 under, upon or over any land (other than State land) or in any building on any land —
(a)
lay, place or carry on and erect such installation or plant used for telecommunications as may be necessary or proper for such purposes; and
(b)
take such other action as may be necessary to render such installation or plant safe and efficient,
and pay compensation to any person interested for any damage, disturbance or disability that may be caused thereby.
[Act 10 of 2005 wef 16/02/2005]
(2) Any compensation payable under subsection (1) may include an annual payment for land, building or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant.
[Act 10 of 2005 wef 16/02/2005]
(3) A public telecommunication licensee shall not acquire any right other than that of user only in respect of any land, building or other property under, over, along, across, in or upon which the licensee places any installation or plant used for telecommunications under this section.
[Act 10 of 2005 wef 16/02/2005]
(4) Before entering on any land or building 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.
[Act 10 of 2005 wef 16/02/2005]
(5) The notice shall be given to the owner or occupier of the land or building in the manner provided under this Act.
[Act 10 of 2005 wef 16/02/2005]
(6) The owner or occupier of the land or building 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.
[Act 10 of 2005 wef 16/02/2005]
(7) If no objection is lodged within the time specified in subsection (6), the public telecommunication licensee may forthwith enter on the land or enter the building and do all or any of the acts specified in the notice given under subsection (4).
[Act 10 of 2005 wef 16/02/2005]
(8) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Authority shall hold an enquiry, giving each party an opportunity to be heard.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) 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.