Section 36: Protection of telecommunications and electric lines

36. Protection of telecommunications and electric lines (1) A licensee shall take all reasonable precautions in constructing, laying down or placing its electric line and other electrical facilities and in operating its undertaking so as not to injuriously affect— (a) the operation of any telecommunications line or system or any electric line or electrical facilities; (b) any line used for providing multimedia services, electric signalling communication services or any other services. (2) Notwithstanding subsection (1), a licensee shall not be responsible for any damage caused to any telecommunication line or system or any electric line or electrical facilities or any line used for providing multimedia services, electric signalling communication services or any other services installed on the licensee’s poles or supports without the licensee’s written approval. (3) Before a licensee commences to construct or lay down or place any electric line or other electrical facilities, or to carry out other work for the supply of electricity whereby any telecommunications line or system or electric line or electrical facilities or any line used for providing multimedia services, electric signalling communication services or any other services may be injuriously affected, the licensee shall give reasonable written notice to any affected party. (4) Any notice given under subsection (3) shall specify the course and nature of the work and be accompanied by such drawings as may be necessary. (5) The Authority shall determine— (a) whether a licensee has, in constructing, laying down or placing any electric lines or other electrical facilities or in operating its undertaking, complied with this section; (b) whether the operation of any telecommunication line or system or any electric line or electrical facilities or any line used for providing multimedia services, electric signalling communication services or any other services is injuriously affected. (6) Where the Authority finds that the electric line or electrical facilities was placed in an unreasonable proximity to any existing telecommunication line or system or any electric line or electrical facilities or any line used for providing multimedia services, electric signalling communication services or any other services, the Authority may direct the licensee to make any alterations in, or additions to, its system so as to comply with this section, and the licensee shall make those alterations or additions accordingly. (7) Where a licensee fails to comply with this section, it shall commit an offence and shall, on conviction, be liable for each default to a fine not exceeding 50,000 rupees together with a fine not exceeding 1,000 rupees for each day during which the default continues. E4 – 17 [Issue 1] Electricity Act 2005 (8) Notwithstanding subsection (7), a licensee shall not be subject to any penalty where— (a) the cause of the failure to comply was an emergency and the licensee complied with this section so far as was reasonable under the circumstances; or (b) the failure to comply was due to the fact that the licensee was ignorant of the position of the telecommunication line or system or any electric line or electrical facilities affected and that the ignorance was not due to any negligence or wilful misconduct on the part of the licensee.