Official Gazette-Issue 41- Addendum - 23/7/2002
3) Service Providers benefiting from easements shall have the right to send their
employees or agents to inspect, operate and maintain their equipment installed
on private properties after giving notice, within reasonable time, to the owners
or occupants. In the event the owners or occupants reject or prevent the
employees or agents of the Service Provider from entering the properties, those
employees or agents shall not resort to forced entry without judicial order.
Owners who refuse entry shall be liable for all damages sustained by Service
Providers benefiting from such easements.
4) The installation of equipment on private properties shall be without prejudice to
the owners’ right to repair, alter or demolish their private properties provided
that the owners notify the affected Service Provider at least three months prior
to the commencement of such work.
5) Service Providers benefiting from easements over private properties shall be
liable for all physical or moral damage caused to the owners or occupants as a
direct and undeniable result of the installation, operation and maintenance of
their equipment.
Easements, expropriations and assignments made in favor of the Ministry shall
remain valid, with no right of rebuttal or claim in respect thereof, as a result of
any changes resulting from the application of the present Law.
Part VII
Control and Inspection Procedures
And imposing Penalties
Article 37: Control and Inspection Personnel
The TRA shall establish a special control and inspection unit comprised of
personnel who shall have the status of a special police force for the
telecommunications sector. Reports submitted by them shall have the same status
of evidence as reports made by the judicial police. Public prosecutors and
investigation judges may seek the assistance of personnel from the special unit
when gathering evidence and investigating cases brought before them.
The
special unit personnel involved must take the necessary oath before the Civil Court
of Appeal before commencing their duties.
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