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Czech Republic: new powers to install telecoms networks

Czech Republic
27/04/2005
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From 1 May 2005, telecoms companies will be allowed to put network equipment on land and buildings belonging to other people under new rules set out in the Electronic Communication Act recently passed by the Czech Parliament.

Under the Act:

  • a telecoms company must seek agreement with the property owner (typically the granting of an easement in return for a one-off payment) for its network equipment to be installed on his land or buildings.
  • network equipment includes overhead and underground communication lines, overhead network supporting points, masts, aerial carriers and related power line connections.
  • where agreement cannot be reached, the telecom company can ask the construction authority to allow it to use the property against the owner's will. According to rules set out by the Construction Code, this will only happen when there is nowhere else for the network equipment to go and the construction authority decides it is in the public interest to allow the owner's property to be used. In these circumstances, the owner will be entitled to 'adequate' compensation from the telecom company (as determined by the construction authority).
  • when maintaining as well installing the equipment, the telecoms company will also have a right of access to carry out maintenance and other works, provided it gives reasonable advance notice to the property owner or property manager.
  • agreements for placement of network equipment which were made under current or previous legislation are not affected by the new law.

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