MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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SECOND SCHEDULE S. 24 (2) 
CODE OF CONDUCT FOR TELECOMMUNICAUON OPERATORS 
 
 
l.-(1) A telecommunication operator may, for the purposes of the provision of telecommunication services in accordance with its licence, enter upon any land, including any road, footpath or other land reserved for public purposes, and construct and maintain a Entry upon
and construc-
tion of lines
across land
 
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Communications 

telecommunication facility upon, over or under any such land, and alter or remove the same, provided that- 

(a) lines installed over any land shall be placed at the minimum height above the surface of the ground prescribed by regulations made under section 32.  

(b) lines installed under any land shall be placed at the minimum depth below the surface of the ground prescribed by regulations made under section 32.  

(2) If a telecommunication operator finds it necessary to move any line or other facility constructed upon, over or under any land, owing to any work on the part of any person or public authority, the cost of the alteration or removal shall be born by that person or public authority. 

(3) Where a telecommunication operator undertakes any work. which disturbs the surface of a road or footpath, it shall- 

(a) restore or re-instate, the surface to its original condition; or 

(b) compensate the relevant authority or owner of the road. 

(4) In taking any action under this paragraph, due regard shall at all times be had to visual amenity and the preservation of the environment.
Underground 
pipes for 
installing lines		 2.-(I) If any local authority requires that in a particular area electricity supply and telecommunication services shall be provided by means of underground cable, each telecommunication operator authorized to provide services in that area shall enter into an agreement with the local authority as to the installation and use of ducts and other facilities necessary for the running of underground cables. 

(2) Where ducts and other facilities are provided by the local authority under subsection (1), the costs of provision shall be payable by the telecommunication operators and other public utilities making use of the facilities in proportion to their use.
Right of 
access to 
land for the 
provision of 
telecorrununi- 
cation services 
 
 		 3.-(I) A telecommunication operator or his representative authorized in writing may, for the purposes of provision of telecommunication services in accordance with his licence- 

(a) at all times on reasonable notice, enter upon any land and 
install and maintain any line upon, over or under that land;  

(b) cut back or prune any branch of a tree which may in any 
way injure, or which is likely to injure, impede, or interfere with any line; and  

(c) do and perform all other acts and things necessary for the purpose of establishing, constructing, repairing, improving, examining, altering, or removing any line.
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Communications 

(2) A telecommunication operator shall not exercise the powers conferred by subparagraph (1) except with the prior consent of the owner of the land upon, over or under which any line is or is to be placed. 

(3) A telecommunication operator shall not, by reason of the exercise of the rights conferred by subparagraph (1), acquire any right other than that of user. only in the land upon, over or under which any line is or is to be placed; 

(4) A telecommunication operator shall do as little damage as possible to -land and to the environment and shall pay reasonable compensation to all interested persons for any damage or loss sustained by them by reason of the exercise of the powers under this paragraph.

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4.-(1) A telecommunication operator or his representative  
authorized in writing may, with the prior written consent of the  
occupier, enter any private premises for the purposes of- premises 

(a) the provision of public telecommunication services in accordance with his licence; 

(b) the installation, maintenance or removal of any line; or 

(c) the inspection or testing of any terminal equipment. 

(2) A telecommunication operator shall not interfere with or 
obstruct any means of entering or leaving any private premises. 

(3) A telecommunication operator shall pay compensation to the owner of private premises, not being the occupier, in the event that the exercise of the right of access granted by subparagraph (1) depreciates the value of the owner's interest in the premises.

 Right of  
access to 
private 
premises
 
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