|
|
Cost apportionment for electronic communications infrastructure relocation due to road improvements.
|
55.—(1) Notwithstanding section 254(4) of the Act of 2000 and subject to subsection (2) and (4), where a road authority undertakes work for the purposes of improving a road, it shall pay to a network operator all reasonable costs incurred by the operator in the relocation of its electronic communications infrastructure and any associated physical infrastructure necessitated by and directly attributable to that work.
|
|
| |
(2) Where electronic communications infrastructure and any associated physical infrastructure is replaced or improved by a network operator in the course of relocation due to road improvement, the road authority shall pay only the costs directly attributable to work done to electronic communications infrastructure and any associated physical infrastructure as a result of roadworks which would have been incurred if the electronic communications infrastructure and any associated physical infrastructure existing immediately before the road improvement had been relocated.
|
|
| |
(3) A network operator shall be responsible to a road authority for any costs incurred by the road authority where the network operator fails to carry out the relocation of its electronic communications infrastructure in a safe, expeditious and efficient manner.
|
|
| |
(4) Where a road authority, on an application to it by a network operator to carry out roadworks over, along, on (under section 254 of the Act of 2000) or under (under section 53) a public road, gives the operator notice that the road is due to be improved by the authority within the period of 18 months of the date from which the operator intends to carry out the works, the road authority shall not be responsible for the cost of relocating electronic communications infrastructure or anything connected with the works where the road improvement proceeds within that period.
|
|
| |
(5) Where a dispute or difference arises between a network operator and a road authority in respect of the cost of the relocation of electronic communications infrastructure, the dispute or difference shall be determined by agreed conciliation procedures between both parties or, in default of such agreement, by arbitration under the Arbitration Acts, 1954 to 1998.
|
