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Access to Land and Facilities > Access to Freehold Land

Access to freehold land

(1) A licensee seeking access to freehold land for the purpose of constructing, maintaining or operating any telecommunications facility may request the intervention of the Authority which must -

(a) mediate between the licensee and the owner or occupier including the necessity of access by the licensee, co-location where technically feasible, the historical, environmental and health implications, and the terms of compensation; and

(b) if no agreement is reached between the licensee and the owner or occupier, provide appropriate evidence in connection with an application of the licensee to the High Court under subsection (2) regarding its view of the matter.

(2) If negotiations and mediation have been attempted in good faith by the licensee and the land owner or occupier but fail, the licensee may apply to a Judge of the High Court for an order to access land for the purpose of constructing, maintaining or operating any telecommunications facility.

(3) The licensee must give the owner and the occupier of the land at least 10 working days’ notice of the licensee’s intention to apply to a Judge of the High Court under subsection (1).

(4) If the Judge is satisfied that the requirements set out in section 57(1) have been met, it may make an order authorising the licensee to enter the land at reasonable times for the purpose of construction, maintenance or operation of the telecommunications facility.

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