23 CHAPTER IV CONSTRUCTION OF FUNDAMENTAL NETWORK, USE AND CONNECTION TO NETWORK FOR BROADCASTING AND TELEVISION BUSINESSES _________ Section 41. Subject to section 49, in the operation of sound broadcasting business and television business, if the licensee has to insert or install poles or lay lines or place ducts or install any accessories and requires to exercise the rights under this section, the licensee shall prepare a diagram showing details of the characteristics of the directions and boundaries for inserting or installing poles, laying lines, placing ducts and installing any accessories for proposing to the Commission for approval prior to the implementation. When the Commission has given the approval under paragraph one, the licensee shall have the right to implement such actions. In this regard, the provision of Chapter IV of the Telecommunications Business Act, B.E. 2544 (2001) shall apply, mutatis mutandis. Powers and duties of the National Telecommunications Commission shall be the powers and duties of the Commission under this Act and any rights and duties that are binding on the telecommunications business licensee shall be the rights and duties of the licensee under this Act. In the case where the provision of Chapter IV of the Telecommunications Business Act, B.E. 2544 (2001) stipulates that any act is an offence for which a penalty is imposed, the same shall apply to the licensee with the same penalties. Section 42. A network owner shall allow licensees to use or connect to his or her network in accordance with the criteria and procedures prescribed in the Notification by the Commission. A network owner may refuse the use or connection to the network only in the following cases: DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.