on the road if the Communication facility do not interfere with the lawful traffic above the surface of more or metres are placed at a height of 5.5 (2) communication facility road, or at the road if the communication facility cross a public a height of 4.25 metres or more elsewhere. it interferes with the A licensee must not place a communication facility so that (3) navigation of navigable waters. ng a communication facility that A licensee, in maintaining, repairing, altering, or removi ble waters, must not cause crosses or is along a road, or that is over or under naviga to the lawful use of , any road unnecessary or avoidable interference to the traffic on, or or navigable waters. 4) Compensation 79. the exercise of the powers under Every person whose property is damaged as a result of ) this Part is entitled to compensation. (2) G3) (4) n the licensee and the person The amount of the compensation may be agreed betwee concerned. on to be paid under If any dispute arises concerning sufficiency of the compensati Part VI and Schedule 3 of the subsection (1), it shall be determined in accordance with either of the disputing parties to a Magistrates Courts, on application for that purpose by 7(4) of the Magistrates' Court Magistrates' Court composed in accordance with section Ordinance Chapter 52. If any dispute arises proportion in which into the Court such in writing admitted as to the as to the person entitled to receive compensation, or licensee may pay the persons interested are entitled to share in it, the ing parties have amount as it deems sufficient, or, where all the disput been has t amoun the or the amount tendered to be sufficient, determined under subsection (3), that amount. 6) notice to the parties and Where subsection (4) applies, the Court shall, after giving s entitled to receive the person the hearing such of them as desire to be heard, determine the persons interested are which in compensation, or, as the case may be, the proportions entitled to share it. Protection of existing works 80. by a licensee that is fixed to, or Any existing equipment or existing line owned or used ee is deemed to be lawfully fixed or installed over or under, land that is not owned by the licens installed, and continues to be lawfully fixed or installed. (1) (2) or line by reason only of having No person shall have an interest in any of the equipment an interest in the land. 38