3.5. Option to establish easements for the existing public communications networks under a court decision Problem Identification There is currently no legal possibility for the owner of a public communications network to claim the establishment of an easement by judicial/administrative means in cases where: where, for any reason, the legal title to use the land for the placement of his elements of the public network is lost and, in the event of a land owner's failure to reach an agreement with the owner of the public communications network, there is an obligation to remove the elements of the public communications network from the parcel concerned, which may disconnect a large number of customers from the provision of publicly available electronic communications services in the given area. The problem has arisen due to a change in legislation when the provision of Section 135 (c) of Act No. 40/1964 Coll., allowing an easement to be established under a court decision if certain conditions were met, was transposed in the amendment of the Civil Code. At the same time, the problem was exacerbated by the settled caselaw of courts, which does not allow to expropriate easements for already existing structures. In fact, the only two legal options allowing the owner of the public communications network to acquire the easement to the land where the public communications network is located where the land owner insists on the removal of the network from his land. As a result of the non-existence of such legal option to acquire an easement, public communications network operators are forced to spend millions on network relocations instead of investing such resources into new network developments. Proposed Measures Measure A To analyse the existing legal options under that would maintain and allow for an operation of public communications in cases where the placement of elements of the public communications network on the land of another was permitted; however, for legitimate reasons, the legal title enabling to keep such network elements on the land of another was subsequently lost or cannot be demonstrated. Should it transpire, on the basis of the analysis made, that the existing legal instruments are not sufficient, to consider the need for and the form of any legislative changes. Measure B By amending Act No. 127/2005 Coll., on electronic communications, to allow the establishment of an easement on land where the structure already legally exists. Responsibility Responsible party: Ministry of Industry and Trade Cooperation: Ministry of Justice Ministry of Regional Development Ministry of Finance Czech Office for Surveying, Mapping and Cadastre Planning horizon By 31 December 2020 17