44 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 (b) alter or remove any pipes, tunnels or tubes required for electronic communications network facilities under any such street, road or footpath and may for such purposes break or open up any street, road or footpath; and (c) alter the position of any pipe, not being a sewer drain or main, for the supply 5 of water, gas or electricity. (2)The local authority or person to whom any such pipe belongs or by whom it is used is entitled, at all times while any work in connection with the alteration in the position of that pipe is in progress, to supervise that work. (3)The licensee must pay all reasonable expenses incurred by any such local authority or person in connection with any alteration or removal under this section or any 10 supervision of work relating to such alteration. Removal of electronic communications network facilities 25. (1)If an electronic communications network service licensee finds it necessary to move any electronic communications facility, pipe, tunnel or tube constructed upon, in, over, along, across or under any land, railway, street, road, footpath or waterway, owing to any alteration of alignment or level or any other work on the part of any public authority or person, the cost of the alteration or removal must be borne by that local authority or person. (2) Where any electronic communications network facility passes over any private property or interferes with any building about to be erected on that property, the licensee must, on receiving satisfactory proof that a building is actually to be erected, deviate or alter the positioning of the electronic communications facility in such manner as to remove all obstacles to building operations. (3) The owner of the property must, in writing, give notice that any such deviation or alteration is required to the electronic communications network service licensee, not less than 28 days before the alteration or deviation is to be effected. (4) If any deviation or alteration of an electronic communications network facility, pipe, tunnel or tube constructed and passing over any private property is desired on any ground other than those contemplated in subsection (2), the owner of the property must give the electronic communications network service licensee written notice of 28 days, of such deviation or alteration. (5) The electronic communications network service licensee must decide whether or not the deviation or alteration is possible, necessary or expedient. (6) If the electronic communications network service licensee agrees to make the deviation or alteration as provided for in subsection (3), the cost of such deviation or alteration must be borne by the person at whose request the deviation or alteration is effected. (7) If, in the opinion of the electronic communications network service licensee the deviation or alteration is justified, the licensee may bear the whole or any part of the said cost. (8) Where a dispute arises between any owner of private property and a electronic communications network service licensee in respect of any decision made by a electronic communications network services licensee in terms of subsection (4), such dispute must be referred to the Complaints and Compliance Committee in accordance with section 17C of the ICASA Act. 15 20 25 30 35 40 45 Fences 26. (1) If any fence erected or to be erected on land over which an electronic communications network facility, pipe, tunnel or tube is constructed or is to be constructed by an electronic communications network service licensee renders or would render entry to that land impossible or inconvenient, the electronic communications 50 network service licensee may at its own expense— (a) erect and maintain gates in that fence; and (b) provide duplicate keys for such gates, one set of which must be handed to the owner or occupier of the land.