Section 62, The Telecommunications Act, 2006

(1) Where under section 60, a telecommunications line,post or apparatus has been placed under, over, along, across, in or upon any immovable property, being a property not vested in or under the control or management of a local authority or Roads Authority, and any person entitled to do so desires to deal with that property in such a manner as to – (a) render it necessary or convenient that the telecommunications line, post or apparatus, should be removed to another part thereof, or to a higher or lower level or altered, in form, he may require the public telecommunications operator to remove or alter the line, post, or apparatus: Provided that, if compensation had been paid under this Act, he shall, when making the requisition, tender to the operator half the amount paid as compensation; (b) cause damage to the telecommunications line, post, apparatus, or to interrupt or interfere with the telecommunications service, he shall give a notice of not less than one month in writing to the operator or to any officer whom the operator may empower in that regard. (2) On receipt of a requisition under paragraph (a) of subsection (1), the public telecommunications operator shall remove or alter the line, post or apparatus, as the case may be, within a reasonable time not exceeding three months, or if it is not possible or practicable to do so, give a detailed reply to the requisition within a month. (3) If on receipt of a requisition under paragraph (a) of subsection (1), the public telecommunications operator fails to comply with the requisition or declines to do so, the person making the requisition may apply to the Commission. 38 39 Removal or alteration of telecommunications lines, posts or apparatuses. Right of property owners. (4) The Commission, upon receiving an application under subsection (3) may, after taking all the circumstances into consideration, reject the application or make an order absolutely or subject to conditions for the removal or alteration of the telecommunications line, post or apparatus, as the case may be, and the order so made shall be final. (5) On receipt of a notice under paragraph (b) of subsection (1), the public telecommunications operator shall, by agreement with the owner of the property, arrange to supervise the work and to take steps to protect the telecommunications line, post, apparatus or the service, as the case may be. (6) A person dealing with any property in the manner referred to in paragraph (b) of subsection (1) with the bonafide intention of averting imminent danger of personal injury to himself or any other human being, shall be deemed to have complied with the provisions of that subsection, if he gives notice of the intended exercise as it is in the circumstances possible or where no such notice can be given without incurring the imminent danger referred to, if he forthwith gives notice of the actual exercise of such right to the public operator or officer specified in that subsection.