(1) This chapter applies only to communications network service licensees.

(2) A communications network service licensee must perform its obligations in terms of this Chapter and in accordance with the regulations prescribed by the Authority.

(1) The Minister must, in consultation with the Minister of Provincial and Local Government and, the Minister of Land Affairs, the Minister of Environmental Affairs, the Authority and other relevant institutions, develop guidelines for the rapid deployment and provisioning of communications facilities.

(2) The guidelines must provide procedures and processes including the criteria necessary to qualify for—

(a) obtaining any necessary permit, authorisation, approval or other governmental authority; and

(b) resolving disputes that may arise between a communications network service licensee and any landowner, in order to satisfy the public interest in the rapid rollout of communications networks and communications facilities.

(1) A communications network service licensee may—

(a) enter upon any land, including any street, road, footpath or land reserved for public purposes, any railway and any waterway, including the territorial waters and adjacent shores of the Republic;

(b) construct and maintain a communications network or communications facilities upon, under, over, along or across any land, including any street, road, footpath or land reserved for public purposes, any railway and any waterway, including the territorial waters and adjacent shores of the Republic; and

(c) alter or remove a communications network or communications facilities, and may for that purpose attach wires, stays or any other kind of support to any building or other structure.

(2) In taking any action in terms of subsection (1), due regard must be had to applicable law and the environmental policy of the Republic.

(1) If any local authority and a communications network service licensee agree that the provision of the electricity supply and communications network services to a particular area must be provided by means of an underground cable, that local authority may on any premises within the said area, when installing such cable for an underground electricity supply line on the said premises, provide a conduit pipe or other facility for the installation of an underground communications facility from a point of connection on the street boundary to a building on those premises, in accordance with the requirements of the communications network services licensee.

(2) The cost of the provision of the said conduit pipe or other facility—

(a) is payable to the local authority in question; and

(b) is, for the purpose of any law, considered to be fees payable by the owner of the premises in question to the local authority in respect of the installation of the electricity supply line.

(1) A communications network service licensee may, after reasonableproviding 30 days prior written notice in writing to the local authority or person owning or responsible for the care and maintenance of any street, road or footpath—

(a) construct and maintain in the manner specified in that notice any pipes, tunnels or tubes required for communications network facilities under any such street, road or footpath;

(b) alter or remove any pipes, tunnels or tubes required for 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 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 supervision of work relating to such alteration.

25. Removal of communications network facilities

(1) If a communications network service licensee finds it necessary to move any 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) (a) Where any 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 communications facility in such manner as to remove all obstacles to building operations.

(b) The owner of the property must, in writing, give notice that any such deviation or alteration is required to the communications network service licensee, not less than 28 days before the alteration or deviation is to be effected.

(3) If any deviation or alteration of a 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 communications network service licensee written notice of 28 days, of such deviation or alteration.

(4) The communications network service licensee must decide whether or not the deviation or alteration is possible, necessary or expedient.

(5) If the 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.

(6) If, in the opinion of the communications network service licensee the deviation or alteration is justified, the licensee may bear the whole or any part of the said cost.

(7) Where a dispute arises between any owner of private property and a communications network services licensee in respect of any decision made by a communications network services licensee in terms of subsection (4) such dispute shall be determined by the Complaints and Compliance Committee in accordance with the applicable provisions of the ICASA Act.

26. Fences

(1) If any fence erected or to be erected on land over which a communications network facility, pipe, tunnel or tube is constructed or is to be constructed by a communications network service licensee renders or would render entry to that land impossible or inconvenient, the communications network service licensee may at it

own expense—

(a) erect and maintain gates in that fence; and

(b) provide duplicate keys for such gates, one set of which duplicate keys for such gates must be handed to the owner or occupier of the land.

(2) Any person intending to erect any such fence must give the communications network service licensee notice in writing of not less than six weeks of his or her intention to erect such fence.

(1) Any tree or vegetation which in the opinion of a communications network service licensee—

(a) obstructs or interferes; or

(b) is likely to obstruct or interfere,

with the working or maintenance of any of the communications network services licensees’ communications network or communications facilities, pipes, tunnels or tubes, whether growing upon—

(i) State-owned land;

(ii) any road; or

(iii) private land,

must, after reasonable notice to the owner or occupier of the land, be cut down or trimmed by the authority responsible for the care and the management of such Stateowned land, road or private land, in accordance with its requirements or by the owner or occupier of such private land, as the case may be, at the expense of the communications network service licensee.

(2) In the event of failure to comply with a notice referred to in subsection (1), the communications network service licensee may cause the said tree or vegetation to be cut down or trimmed as the communications network service licensee may consider necessary.

(3) Where the communications network or communications facility is actually interfered with or endangered by any such tree or vegetation, the licensee may remove such tree or vegetation without any such notice.

(4) In taking any action in terms of subsections (1), (2) or (3), due regard must be had to the environmental law of the Republic.

(1) (a) Aerial communications networks or communications facilities along any railway or public or private street, road, footpath or land must be at the prescribed height above the surface of the ground.

(b) The communications network service licensee must place communications networks and communications facilities, pipes, tunnels and tubes at the prescribed depth below the surface of the ground.

(2) If the owner of any private land proves to the satisfaction of a communications network service licensee that he or she is obstructed in the free use of his or her land because of the insufficient height or depth of any communications network or communications facility, pipe, tunnel or tube constructed by the communications network service licensee, the communications network service licensee may, subject to the provisions of sections 22 and 25, take such steps as he or she may consider necessary for giving relief to that owner.

(3) In taking any action in terms of this section, due regard must be had to the environmental laws of the Republic.

(1) Any person who constructs, equips or carries on any railway or works for the supply of light, heat or power by means of electricity, must—

(a) conform to the requirements of a communications network service licensee for the prevention of damage to any of its communications network and communications facilities or works by such construction;

(b) before commencing the construction of any such railway or works, give notice of 30 days in writingprior written notice to the communications network service licensee of his or her intention to commence the construction; and

(c) furnish the communications network service licensee with—

(i) a plan of the proposed railway or works;

(ii) particulars showing the manner and position in which the railway or works are intended to be constructed, executed and carried on; and

(iii) such further information related to the proposed railway or works as the communications network service licensee may require.

(2) If—

(a) it appears to the communications network service licensee that the construction, equipment or operation of any such railway or works is likely to damage any of its communications facilities or works; or

(b) any of such communications facilities or works are damaged by the construction, equipment or operation of any such railway or works,

the communications network service licensee must give reasonable notice of its requirements to the person concerned.

(3) Any person who, after receiving the notice referred to in subsection (2), proceeds with or causes to be proceeded with any such construction, equipment or operation in contravention of the said requirements, is liable to the communications network service licensee for damages sustained by the communications network service licensee as a result of a contravention of this subsection (3).