Article 23 Rights of Entry on Public Lands
23.1 Subject to paragraphs 23.2 to 23.5 of this Article, a service provider may enter on and break up any highway or other public place for the purpose of constructing, maintaining or operating a telecommunications transmission system and may remain there for as long as is necessary for that purpose, but shall not interfere with its public use.
23.2 No service provider shall construct a telecommunications transmission system on, over, under or along a highway or other public place without the consent of the public authority having jurisdiction over the highway or other public place.
23.3 Where a service provider cannot, on commercially reasonable terms, obtain the consent of the public authority to construct a telecommunications transmission system, the service provider may apply to the Commission for permission to construct it and the Commission shall co-operate with the public authority to find a solution acceptable to both the Commission and the public authority, having due regard to the use and enjoyment of the highway or other public place by others.
23.4 Where a service provider cannot, on commercially reasonable terms, gain access to the pole, duct, tower or other supporting structure of a telecommunications, electrical power, or other utility transmission system constructed on a highway or other public place, that service provider may apply to the Commission for assistance in obtaining a right of access to the supporting structure for the purpose of providing its telecommunications services. The Commission shall assist in attempting to facilitate such access on a basis acceptable to the service provider and the public authority.
23.5 On application by a public authority, the Commission may:
a ) issue a decision ordering a service provider, subject to any conditions that the Commission determines, to bury or alter the route of any telecommunications transmission system situated or proposed to be situated within the jurisdiction of the public authority; or
b ) prohibit the construction, maintenance or operation by a service provider of any such telecommunications transmission system except as directed by the Commission
23.6 On application by a public authority or an owner of land, the Commission may authorize the construction of drainage works or the laying of utility pipes on, over, under or along (i) a telecommunications transmission system of a service provider; or (ii) any lands used for the purposes of a telecommunications transmission system, subject to any conditions that the Commission determines.
Article 24 Rights of Entry on Private Lands
24.1 Where a service provider requires land or an interest in land to provide telecommunications services, the service provider shall attempt to reach an agreement with the property owner or his representative.
24.2 If the service provider fails to reach an agreement contemplated under paragraph
24.1 of this Article, the service provider may apply to the Commission for the expropriation of any necessary property in accordance with Article Thirty-five of the Act.
24.3 The Commission shall take the steps necessary to mediate between the concerned parties. If the Commission’s mediation fails to produce an agreement between the parties involved, it shall resolve the matter in co-ordination with the appropriate authorities and in accordance the Expropriation Act.
Article 25 Existing Telecommunications Facilities
25.1 Wherever possible, new telecommunications facilities shall be provided in a manner that does not create an undue adverse effect on existing telecommunications facilities.
25.2 Relocation or modification of an existing telecommunications transmission system as a result of the provision of a new telecommunications transmission system shall be carried out at the expense of the person requesting the relocation or the modification.
25.3 Any person who creates the need for protective measures on an existing telecommunications transmission system shall be responsible for the cost of such measures.
Article 26 Other Installations
26.1 Telecommunications facilities shall be established in such a way that they do not adversely affect existing installations (including but not limited to, installations used to maintain public ways, water and gas lines, oil pipelines, and electrical installations). Any person who creates the need for protective measures on installations shall be responsible for the cost of such measures.
26.2 A service provider shall compensate persons incurring costs for the relocation or modification of these facilities or installations.
Article 27 Sites with Environmental or Historical Significance
27.1 Where technically possible, and subject to the discretion of the Commission, service providers shall protect sites with environmental or historical significance from damage or disruption due to the construction, operation or maintenance of telecommunications transmission systems and other telecommunications facilities.
27.2 The Commission may for the purpose of this Article, issue a decision designating certain sites as significant for environmental or historical reasons, in coordination with the concerned public authority.
Article 28 Co-location
28.1 In accordance with Article Thirty-six of the Act, service providers with existing telecommunications facilities shall allow other service providers to co-locate their telecommunications transmission systems at installation sites, where such co-location is economically feasible and no major additional construction work is required.
28.2 The party requesting co-location shall compensate the person required to provide co-location for such an amount as the parties may agree or, where the parties are unable to agree, as may be determined by the Commission.
28.3 Where the parties are unable to agree on all of the terms of co-location, either or both parties may apply to the Commission for consensual resolution or mandated resolution in accordance with Chapter 6 of this Bylaw.