and a telecommunication line crossing a main road or railway shall be at least 60cm below the surface of the ground. (2) Subject to the provisions of regulations 8 and 11, the licensee shall take such steps, at its own expense, as it considers it necessary to effect relief to the owner or occupier of any land who proves, to the satisfaction of the licensee, that he is obstructed in the free use of the land by reason of the insufficient height or depth of any telecommunication line. 11. Alteration of works at request of local authority or other person (1) Where, as a result of any works undertaken by a local authority or any person, it becomes necessary to alter any pre-existing telecommunication line, the cost of such alteration shall be borne by such local authority or person. (2) Where any telecommunication line passing over private property interferes with any building about to be erected on that property, the owner or occupier of that property shall so notify the licensee responsible for that line in writing, and also, at the same time, provide proof that such building is to be erected, and the licensee shall, within four weeks of receiving such notification and proof, cause the line to be altered in such a manner as will remove all obstacles to building operation. (3) Where the owner or occupier of any land through which a telecommunication line passes requests a licensee to alter or move any telecommunication line for any other reason, the licensee shall, within 28 days of such request, either comply with the request or, if it does not so comply, so inform the owner or occupier in writing, giving reasons for his decision not to comply. 12. Damage to property or injury to persons (1) A licensee shall, in carrying out any work required for its purposes, exercise due care and shall carry out such work with regard to the safety and convenience of the owners or occupiers of the land, street, road, footpath, waterway or railway upon which the work is carried out, and with minimum damage to the property of that owner or occupier or to telecommunication lines or other telecommunication infrustructure on, over, or under that property and shall make good all streets, roads, footpaths, waterways, railways, telecommunication lines or other infrustructure disturbed by such work. (2) The licensee shall be liable for compensation for injury or damage caused to any property including telecommunication lines or other infrustructure if such injury or damage was caused wilfully or through the negligence of its employees. (3) Any person who, either directly or indirectly by his servant or employee, by an animal, vehicle or thing owned by him or in his custody, with intention or through negligence, destroys or damages any line, mast, building or other component constituting telecommunication infrustructure, shall be liable to pay the owner or, if applicable, the user of the infrustructure , the cost of making good the destruction or damage. 13. Technical feasibility and compatibility A licensee shall, in order to fulfil essential requirements, ensure that the network operations or services he provides are technically feasible and are compatible with the networks, operations or services provided by other licensees. 14. Essential requirements applicable to terminal equipment Every service provider and every person who supplies telecommunication equipment shall ensure that any terminal equipment provided or supplied by him complies with the following essential requirements, that is to say that it— (a) is electrically safe for users, subscribers or the employees of the telecommunication system operators; (b) is electromagnetically compatible with other equipment to which it is or will be Copyright Government of Botswana

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