communications
the obligation to provide the relevant communications services or
to achieve the
facilities shall not be more burdensome than is reasonably necessary
d)
objectives of the relevant Universal Access Plan.
into under this Part does
The Commission shall endeavour to ensure any contract entered
(6)
of communications
not diminish the incentives of licensees to maximise the availability
services.
Part XI— Use of Land
Entry to land
71.
Subject to subsection (2), a licensee may—
(1)
(a)
(b)
(2)
n facility owned
enter land for the purpose of gaining access to any communicatio
or used by the licensee; and
ng,
perform any act or operation necessary for the purpose of inspecti
es.
faciliti
n
icatio
maintaining, or repairing those commun
The power to enter land is subject to the following conditions:
(a)
(b)
(c)
(d)
entry must only be made by an officer, employee, or agent of the licensee
authorised by the licensee in writing;
reasonable notice of the intention to enter must be given,
entry must be made at reasonable times; and
identitythe person entering must produce evidence of his or her authority and
(i) on initial entry; and
(ii) after the initial entry, on request.
Request for removal
72.
(1)
interfere with, the
Ifa tree, shrub, or plant on any land interferes with, or is likely to
may request
n
communication facility, the licensee who uses the communicatio facility
which has control of
the owner or occupier of the land, or local authority or other person
the road, to remove or trim the tree, shrub, or plant.
(2)
with a request made
If an owner, occupier, local authority, or other person fails to comply
GB)
other person who fails to
The licensee must give the owner, occupier, local authority, or
(4)
Court for an order
under subsection (1), the licensee may apply to a Magistrates'
in respect of which the
authorising the licensee to remove or trim the tree, shrub, or plant
request was made.
operator's intention to
comply with the request at least 10 working days' notice of the
apply to the Court under “subsection (2).
res with or is likely to
On being satisfied that a tree, shrub, or plant on land interfe
Court may make an order on
interfere with, the communication facility the Magistrates'
time of removal or
any terms and conditions (including those relating to notice and
trimming) that the Court thinks fit.
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