a) A Public Telecommunications Network operator shall have the right to
construct any installation or install any connections required for the
construction, development or maintenance of its network on, under or
through private real property after concluding an agreement between the
network operator and the owner of such real property or the Person with
a right thereto for fair compensation to be paid by such operator to the
owner of the real property or the Person with a right thereto.
b) If the Public Telecommunications Operator and the owner of the real
property or the Person with a right there to fail to come to an agreement
for the construction of the works referred to in the preceding paragraph
within a reasonable period of time, the Authority may issue a decision
enabling the operator to carry out such works if the following conditions
are satisfied:
1) That such works are, at the discretion of the Authority in this respect,
necessary for the construction, development or maintenance of the
Telecommunications Network.
2) That no other technically and economically reason able solution exists
at the discretion of the Authority.
3) That such works do not, at the discretion of the Authority, preclude
ordinary use of the real property by its owner or the Person with a
right thereto.
4) That the operator pays to the owner of the real property or the Person
with a right thereto such fair compensation as is determined by the
Authority.
5) That the operator shall adhere to the conditions and measures
prescribed by the Authority for the avoidance or limitation of
damages that may be caused to the owner of the real property or a
third party.
c) If an agreement between the operator and the owner of the real property
or the Person with a right thereto cannot be reached with respect to the
amount of the compensation, the Authority shall determine a fair
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