22 No. 18
Tanzania Communications
1993
(a) if the authority had agreed in writing to the position of the line
or pole or radio link installation,. then the public telecommunication licensee shall comply with the requirement and the cost of
the removal or alteration shall be borne by the local authority;
(b) if the authority had not agreed in writing to the position of the
line or pole or radio link installation, then(i) if the Public telecommunication licensee agrees to the removal or alteration, as the case may be, the public telecommunication licensee shall comply with the requirement and
the cost of the removal or alteration shall be borne by the
public telecommunication licensee;
(ii) if the public telecommunication licensee does not agree to
the removal or alteration, as the case may be, the matter
shall be referred to the Minister responsible for lands and
the decision of the Minister as to the removal or alteration
and as to the payment or apportionment of the cost shall
be final,
(2) Where any telephone or telegraph line or pole or radio link installation has under the provisions of this Act been constructed, erected or
placed, on, over, under, along or across any property, other than property under the control or management of a local authority, and any
person entitled to do so desires(a) to erect on the property a building which would interfere with
the telephone or telegraph line or pole or radio link installation,
either temporarily or permanently, he may require the public
telecommunication licensee to remove it or to alter its position,
as the case may be, and the public telecommunication licensee
shall comply with the requirement and the cost of the removal
or alteration shall be borne by the public telecommunication
licensee, subject to subsection (3).
(b) to deal with the property in a manner, other than by the erection
of a building, which renders it desirable that the line or pole or
radio link installation should, either temporarily or permanently,
be removed or that its position should be altered, he may require
the public telecommunication licensee so to remove it or to alter
its position, as the case may be, and the public telecommunication
licensee may either(i) comply with the requirement and agree that the cost of the
removal or alteration shall be borne by the public telecommunication licensee;
(ii) comply with the requirement subject to the cost, or any
part of it, of the removal or alteration being borne by the
person and the deposit, with the public telecommunication
licensee, of such sum in contribution to the cost as the public
telecommunication licensee may require: or