(2) The operator may require the person who makes the request to pay the cost of the alteration. Lines must not interfere with traffic 37.(1) An operator must not place the wires of a line so that they interfere with the lawful traffic on a road. (2) Wires of a line do not interfere with the lawful traffic on the road if the wires are placed at a height of 5.5 metres or more above the surface of the road if the wires cross a public road, or at a height of 4.25 metres or more elsewhere. (3) An operator must not place a line so that it interferes with the navigation of navigable waters. (4) An operator, in maintaining, repairing, altering, or removing a line that crosses or is along a road, or that is over or under navigable waters, must not cause unnecessary or avoidable interference to the traffic on, or to the lawful use of, any road or navigable waters. Telephone cabinets 38.(1) Subject to subsection (2), an operator may construct, place, and maintain public telephone cabinets, distribution cabinets, and any other similar appliances on a road. (2) An operator must — (a) give to the local authority that has control of the road at least 5 days’ notice of its intention to place a cabinet or appliance on the road; and (b) not place the cabinet or appliance on the road so that it interferes with ordinary traffic. Compensation 39.(1) Every person whose property is damaged as a result of the exercise of the powers under this Part is entitled to compensation. (2) The amount of the compensation may be agreed between the operator and the person concerned. (3) If any dispute arises concerning sufficiency of the compensation to be paid under subsection (1), it shall be determined in accordance with Part VI and Schedule 3 of the Magistrates Courts, on application for that purpose by either of the disputing parties to a Magistrates’ Court composed in accordance with section 7(4) of the Magistrates’ Courts Ordinance Chapter 52. (4) If any dispute arises as to the person entitled to receive compensation, or as to the proportion in which the persons interested are entitled to share in it, the operator may pay into the Court such amount as it deems sufficient, or, where all the disputing parties have in writing admitted the amount tendered to be sufficient, or the amount has been determined under subsection (3), that amount. (5) Where subsection (4) applies, the Court shall, after giving notice to the parties and hearing such of them as desire to be heard, determine the persons entitled to receive the compensation, or, as the case may be, the proportions in which the persons interested are entitled to share in it. Protection of existing works 40.(1) Any existing equipment or existing line owned or used by an operator that is fixed to, or installed over or under, land that is not owned by the operator is deemed to be lawfully fixed or installed, and continues to be lawfully fixed or installed. (2) No person shall have an interest in any of the equipment or line by reason only of having an interest in the land. Compulsory purchase of land 14 14