section 17
Notice to facility provider.
The Telecommunications Act, 2023Infrastructure202362 sections11 chapters
Chapter IIl RIGHT OF WAY FOR TELECOMMUNICATION NETWORK
Statutory text
- (1) Any person desiring to exercise his right to deal with his property in such a manner as is likely to cause damage or to interrupt or interfere with the telecommunication network established under the provisions of this Act, or to interrupt or interfere with telecommunication services, shall give prior notice of such duration and in such manner, as may be prescribed, to the facility provider, the Central Government or to any authority that may be notified by the Central Government.
- (2) The facility provider shall respond to such notice with details of such telecommunication network and precautionary measures to be undertaken, within such timelines as may be prescribed.
- (3) Where a person referred to in sub-section (1) gives a notice of his exercise of the right relating to his property with the bona fide intention of averting imminent danger of personal injury to himself or any other person, such person shall be deemed to have complied with the provisions of the said sub-section.
- (4) Any person who fails to comply with the provisions of sub-section (1), or deals with any property in such a manner as is likely to cause, or causes, damage to any telecommunication network, or is likely to interrupt or interfere, or interrupts or interferes with telecommunication services, a District Magistrate may, on the application of the facility provider, order such person to abstain from dealing with such property in such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such property as may be in the opinion of the District Magistrate necessary to remedy or prevent such damage, interruption or interference during such period.
- (5) If any dispute arises relating to damages, the matter shall be determined by the authority referred to under sub-section (2) of section 18.
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