Act on Cable Laying Access and Expropriation etc. for Telecommunications Purposes

1. (1) When required by the common good, the National Telecom Agency may allow expropriation to be initiated under the rules of the Act on Expropriation Procedures regarding Real Property for the purpose of laying telecommunications cables and setting up the associated amplifier and distribution cabinets included in public telecommunications networks.

(2) Expropriation under subsection (1) may be made for new plant, extension and modification of buried telecommunications cables and the associated amplifier and distribution cabinets.

(3) Requests for initiation of expropriation under subsection (1) shall be submitted to the National Telecom Agency and may be made by providers of public telecommunications networks.

(4) When making decisions under subsection (1), the National Telecom Agency shall ensure, among other things, that

1)abexpropriation will exclusively take place in cases where there are no other possibilities of establishing the cables mentioned in subsection (1) to which reference may reasonably be made, and

2)abexpropriation will exclusively take place in cases where the cables mentioned in subsection (1) are of essential importance to the provision of public telecommunications networks or telecommunications services.

(5) The liability to pay compensation in connection with the expropriation and the duty to pay the costs of the expropriation proceedings shall lie with the party who has made the request for expropriation.

(6) In connection with a permission for expropriation, the expropriation committee may lay down terms stipulating that buried telecommunications cables with associated amplifier and distribution cabinets should be removed, rearranged or protected at the request of the area owner concerned if it is demonstrated that such removal, rearrangement or protection is necessary in order to initiate building or digging works or for the use that the area owner intends to make of the site. In case the area owner concerned and the provider of public telecommunications networks disagree as to whether such removal, rearrangement or protection of buried telecommunications cables is required, the expropriation committee shall decide this upon request.

(7) Where telecommunications cables are routed under or along road or railway areas, the relevant road or railway authority or road or railway board shall be notified by the relevant provider of public telecommunications networks not later than four weeks before the work is commenced.

2. (1) Providers of public telecommunications networks may make an agreement with the rights holder concerned on acquisition of rights in respect of the area for the purpose of burying telecommunications cables and setting up the associated amplifier and distribution cabinets. Where agreement has been reached with the rights holder in respect of the acquisition of rights, the question of compensation, failing agreement on this, shall be settled by a court of arbitration for which each of the parties shall choose one arbitrator. If agreement cannot be reached between the arbitrators, settlement shall be made through an award given by an umpire appointed by the president of the relevant High Court.

(2) Subject to a request being made to the umpire within four weeks from the award, each of the parties may submit the assessment of compensation to the relevant valuation commission under the rules of section 19 of the Act on Expropriation Procedures regarding Real Property. In other cases the rules of section 26 of the said Act shall apply correspondingly.

(3) The Minister of Research and Information Technology may lay down rules requiring the applying party to provide security to cover any higher compensation fixed through a decision of the court.

3. The National Telecom Agency may lay down rules specifying the depth to which telecommunications cables must be buried.

4. (1) In the event that a telecommunications cable owned by providers of public telecommunications networks is damaged, the person causing the damage shall indemnify the provider for the costs of repairing the damage in accordance with the general rules for damages according to Danish law.

(2) If the person causing the damage is a private area owner and the damage is done on his areas, the claim for damages under subsection (1) shall be limited. The National Telecom Agency shall lay down more specific rules indicating the maximum amount payable by way of damages.

(3) Subsection (2) shall not apply where it must be assumed that damage to a telecommunications cable has been caused intentionally or by gross negligence.

(4) If the person causing the damage has an insurance covering the damage fully or partially, the limitation of the claim for damages indicated in subsection (2) shall only apply in respect of such part of the claim as is not covered by the insurance.

5. Prior to commencing any building or digging works or initiating any other measures whereby a telecommunications cable buried in the area may be exposed to disturbance or damage, such building or digging works shall be notified to the relevant owner of the telecommunications cable. Notification shall be given at least eight days before commencement of the building or digging works or, insofar as a suddenly occurring event has made it necessary to carry out the work immediately, as soon as possible and at the latest by the time when the work is commenced.

6. Telecommunications cables with associated amplifier and distribution cabinets shall be entered in the land register including sketch maps for the properties affected.

7. Providers of public telecommunications networks shall have access, subject to compensation for the inconvenience and damage caused thereby, to stay in public and private areas to the extent that laying of telecommunications cables or repairs to such cables etc. necessitate this.

8. (1) Beyond what follows from the provisions of the Act on the National Telecom Agency, the Minister of Research and Information Technology shall not be in a position to give official orders to the National Telecom Agency on the Agency's handling of authority functions in concrete cases; on handling and decision of individual cases; on the National Telecom Agency's issue of administrative regulations in areas where the Agency is authorized to do so; or on other supervisory activities of the National Telecom Agency for the purpose of ensuring compliance with this Act and administrative regulations issued in pursuance thereof.

(2) The Minister of Research and Information Technology may not grant exemptions from regulations issued by the Minister in pursuance of this Act.

9. Decisions by the National Telecom Agency under section 1(1) may be referred to the Telecommunications Complaints Board appointed under the Act on Competitive Conditions and Interconnection in the Telecommunications Sector.

10. (1) This Act shall come into force on 1 July 1997.

(2) At the same time section 1(1), para (d), of Act No. 96 of 31 March 1965 on Expropriations under the Ministry of Public Works and Part II of Act No. 84 of 11 May 1897 on Telegraphs and Telephones shall be repealed.

11. This Act shall not apply to the Faroe Islands and Greenland.