upon the relocation of public communications networks.
(5) The provisions of the second and fourth paragraphs of this Article shall not be applied
when easement is established on the basis of a draft contract of the operator of other
commercial public infrastructure on which easement is established in accordance with the
acts governing commercial public infrastructure.
(6) Without prejudice to the provision of the third paragraph of this Article, easement in the
construction of public communications networks and associated infrastructure financed from
public funds under Article 11 of this Act on real estate owned by the state or self-governing
local community shall be free of charge.
(7) If the owner of the real estate fails to sign the draft contract within ten days of receiving it,
the party entitled to easement may request that the competent administrative body decide on
the establishment of easement in accordance with Articles 16, 17 and 18 of this Act.
(8) The party entitled to easement must submit a copy of the signed contract referred to in the
third paragraph of this Article to the Agency not later than 30 days after signing it. In the
supervisory procedure, the Agency shall verify only whether the contract complies with the
requirements referred to in the third paragraph of this Article.
Article 21
(conditions for decision-making by the competent body)
(1) In deciding on the establishment of easement, the competent administrative body must
determine and consider whether:
1. the acquisition of easement is a prerequisite for the construction, installation, operation or
maintenance of an electronic communications network and associated infrastructure;
2. the electronic communications network and associated infrastructure was planned so as to
minimise disturbance to the real estate of another;
3. the exercise of easement will significantly inconvenience the owner of the real estate.
(2) Significant inconvenience to an owner of real estate as referred to in point 3 of the
preceding paragraph shall be deemed to occur if:
1. access to the real estate (to the land or a structure thereon) by the owner of the real estate is
prevented or rendered substantially more difficult;
2. the performance of activities by the owner of the real estate is prevented or rendered
substantially more difficult;
3. the value of the real estate (land or a structure thereon) is substantially reduced.
Article 22
(decision of the competent administrative body)
(1) The competent administrative body shall establish easement by decision to an extent and
for the period required for the construction, installation, maintenance or operation of the
electronic communications network and for the period of operation of the electronic
communications network and associated infrastructure. A provision on the admissibility of
the shared use of the communications facilities by the party entitled to easement and by other
natural persons and legal entities that provide electronic communications networks in
accordance with the provisions of this Act shall be a mandatory component of the decision on
the establishment of easement.
(2) The party entitled to easement must send a copy of the final decision referred to in the
preceding paragraph to the Agency within 30 days.