Official Gazette-Issue 41- Addendum - 23/7/2002
Article 35: Use of Public Properties
1) Licensed Telecommunications Service Providers may, for the purpose of
providing Telecommunications Services to the public in compliance with the
conditions set hereunder, enter any public properties including streets,
pavements, drainage systems, and railway tracks, for the construction and
maintenance of Telecommunications Services infrastructure in, along, above or
under such public properties. Whenever necessary, the Licensed Service
Providers may, with the approval of the relevant government department, alter
the appearance and specifications of such public property in order to be able to
provide their Telecommunications Services, provided that such alteration does
not obstruct the use of the property for its intended purpose.
2) Licensed Service Providers must obtain the approval of the relevant
government department before entering any public property, carrying out
certain works, or erecting any installations.
In the event it is not possible to obtain such approval on acceptable terms and
conditions for any reason whatsoever within one month of the filing of the
request for approval, the Service Provider shall submit a written request to the
TRA, within another period of one month, to intervene with the government
department concerned. In the event of any disagreement between the TRA and
the government department concerned, the matter shall be raised before the
Council of Ministers for making an adequate final decision.
3) Conditions for the use of public properties, procedures for requests for such use,
and the basis for the allocation of charges, compensations and fees shall be
established by a decree issued by the Council of Ministers, upon the proposal
of the Minister, based on a study prepared by the TRA and on the opinion of
the relevant governmental authority.
Article 36: Use of Private Properties
Licensed Service Providers shall have the benefit of easements on private
properties upon approval of the TRA pursuant to the provisions of the present
Law, subject to the following conditions:
1) Service Providers are entitled to construct and install the necessary
infrastructures and the basic equipment required for the operation of their
Networks in the common areas of a property after giving notification to the
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