licences and granting of public easements and other forms prescribed by such
Government official in accordance with the applicable laws.
3.
The requesting service provider and the relevant Government official shall provide to the
Authority copies of the approval of the request as well as any applicable conditions to
ensure it is duly informed of the service providers’ use of State-owned land.
4.
Approvals of use of State-owned land for installation of cell sites shall be conditional
upon a service provider having made available to other registered mobile service
providers the opportunity to share them in accordance with paragraph 9 of article 40.
5.
Subject to the following paragraph, the competent government services shall not collect
fees, revenues or any other charges from service providers for their use of State-owned
land pursuant to this Chapter.
6.
After a period of five years has elapsed from the date of the entry into force of the present
Decree-Law, the Government official responsible for State-owned land and properties
may prescribe reasonable fees in order to cover, but not exceed, the administrative costs
resulting from collecting and maintaining information and records of State-owned
property used for telecommunications, from monitoring and from enforcing compliance
with applicable laws, Decree-Laws , Government decrees, resolutions or other regulatory
norms other than the present Decree-Law and regulatory measures issued thereunder, for
overseeing the public interest and maintenance of State-owned property to the extent that
such costs result from the service provider’s use of State-owned property.
7.
The Minister responsible for State-owned land may adjust annually the fees prescribed in
the preceding paragraph based on the increase in the Timor-Leste Consumer Price Index
(2011=100) or 3%, whichever is the lesser amount.
8.
Where a request to use State-owned property is denied or does not receive a response
within 30 days, or where it is approved on terms and conditions that are not acceptable,
then the requesting service provider may request the assistance of the Authority to
resolve the matter.
9.
The service provider applying for assistance from the Authority shall submit to it a copy
of the request submitted, any response received and any other correspondence exchanged.
10.
Following receipt of the application and the necessary documents, the Authority shall
schedule meetings with the service provider and the competent public authorities in an
attempt to assist the parties to arrive at a mutually acceptable solution.
11.
Where no mutually acceptable solution is agreed within 45 days of the Authority
receiving the relevant documents, the Authority may, if it considers that doing so would
further the objective provided for in article 2 of the present Decree-Law, refer the matter
to the Council of Ministers by submitting its opinion regarding the situation as well as
proposals for the resolution thereof.
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