Authorisation to use other owners’ property

An authorisation to use other owners’ property by undertakings providing a public communications network which notified business in accordance with Section 8 paragraph 2 of the Electronic Communications Act (hereinafter referred to as the "undertaking”) is established in Section 104 of the Electronic Communications Act (see the Database of undertakings in electronic communications under the general authorisation).

The undertaking is entitled, if it meets the specified conditions:

  • to establish and operate on or in another owner’s land:

-aboveground or underground communications lines of the public communications network, including any supporting points for the aboveground communications lines or line pegging points for underground communications lines, as well as payphone boxes and connecting communications network lines to the public communications network, including the crossing of such land with such lines and establishing public communications network lines on such land, as well as the related power line connections;

-masts, including antennas of radio equipment of the public communications network, the associated public communications network electronic communications equipment and the related power line connections;

-masts, including antennas of the public communications network microwave links, the associated public communications network electronic communications equipment and the related power line connections.

  • to establish and operate on or in another owner’s building:

-internal communications lines of the public communications network, including public communications network termination points and the related distribution frames, public payphones and connecting communications lines of the public communications network, as well as the related power line connections;

-masts or antenna supports, including antennas of the public communications network radio equipment and their connecting communications lines, the associated public communications network electronic communications equipment, connections to the internal power wiring and the related power line connection;

-masts or antenna supports, including antennas of the public communications network microwave links and their connecting communications lines, the associated public communications network electronic communications equipment, connections to the internal electricity wiring and the related power line connection.

For the performance of the abovementioned authorisations, the undertaking providing a public communications network shall sign a written letter of intent to conclude with the owner of the property concerned an agreement on granting a matter burden for a lump-sum compensation in respect of the part of the property concerned, and after the completion of the construction and surveying of the position of the line it shall conclude an agreement on granting an easement in respect of the actually affected part of the property. It is also possible upon the proposal of the undertaking proving the public communications network to conclude another type of written agreement with the owner of the property concerned. For the performance of the abovementioned authorisations, written consent of the owner of the property concerned shall suffice for the location of internal communications lines and communications equipment.

If no arrangement of mutual legal relations is reached with the owner of the property concerned, or if the undertaking providing a public communications network is able to prove that the owner of the property concerned is unknown, or is not determined, or is provably inaccessible or inactive, or the ownership of the property is subject to dispute or the owner’s right of disposition of the property is restricted, then the respective expropriation office shall make a decision on the basis of Act No. 184/2006 Coll. in respect of the proposal of the undertaking to grant a mater burden.

The expropriation procedure is also regulated by the Act No. 416/2009 Coll., on accelerating the constructions of transport, water and energy infrastructure, as amended.

The undertaking providing a public communications network may exercise the rights set out in the decision of the expropriation office in respect of the restriction of the ownership rights towards the property concerned, starting from the date of entry into effect of the expropriation office’s decision. Restriction of ownership rights may not exceed the extent necessary for achieving the abovementioned purpose.

An undertaking providing a public communications network shall also have the following entitlements on the basis of a notification provably given to the owner of the property, or its manager or user:

  • to enter (including entry of vehicles) other owners’ property to the necessary extent in order to carry out activities referred to in Subsections 1 and 2 and for the purpose of preparing project design documentation, repairing and maintaining the communications lines and electronic communications equipment located on other owners’ property,
  • to the necessary extent, to cut or lop trees and shrubs endangering safe and reliable operation of the communications lines and electronic communications equipment in compliance with Act No. 114/1992 Coll., on protection of nature and landscape, as amended.

Provably given notification shall mean notification of the date and purpose of the entry (including entry with vehicles) in the given property or the cutting or lopping of the trees and shrubs growing on that property, including notification concerning activities to be performed in the property in relation therewith. The notification shall be made well in advance.

In exercising its entitlements, the undertaking providing a public communications network shall respect to the maximum the rights of the owners of the given property. Once the work is completed, it must put the property to its previous state and if that is not possible with respect to the work done, to a state corresponding to the previous purpose or use of the property, and shall immediately, in a provable manner, notify that to the owner of the property, or the manager or user of the property. After the cutting or lopping of trees or shrubs, the undertaking providing the public communications network shall remove the loppings and debris from the property, unless otherwise agreed with the owner of the property.

These entitlements shall not replace the obligations of the undertakings according to Act No. 183/2006 Coll.

Entitlements resulting from the matter burden established on the basis of the Electronic Communications Act or on the basis of previous legal regulations shall pass to the successors in title of the undertakings providing the public communications network and to the owners or transferees of such lines, provided that such successors, owners or transferees concurrently act as businesses providing a public communications network.

In case of any fault or interruption of the operation of a communications line or electronic communications equipment, the undertaking may for the purpose of removing the fault or interruption enter the property where such a line or equipment is located without prior notification of the owner or manager or user of the property in accordance with Subsection 6 if it was impossible upon exerting reasonable effort to notify the owner, manager or user of the property about such entry in advance and to gain the consent of the owner, manager or user. In such cases such an undertaking shall immediately notify the owner, manager or user of the property about the performance of the work after the actual performance thereof, and shall also ensure the security of the site and, subsequently, ensure that the property is put in the previous state or in appropriate state.

If any dispute over the extent of the entitlements arises between the owner of the property and the undertaking, the respective building authority shall make the decision resolving the dispute in co-operation with CTU upon proposal submitted by any of the parties to the dispute.

Legal relations concerning responsibility for the damage as may be caused by the undertaking in respect of the restriction of the owner’s rights shall be governed by Act No. 89/2012 Coll., Civil Code, as amended.

The owner of the house, flat or the non-residential space shall make it possible for the user of the house, flat or non-residential space:

  • to receive audio and television broadcasting provided by broadcasters on the basis of Act No. 231/2001 Coll., on radio and television broadcasting, as amended, on condition that signal of reasonable quality is available at the location;
  • to install an indoor communications line, including a distribution frame and a network termination point.

If any damage to the building is caused as a result of the above, the party responsible for the damage shall compensate for it; this obligation cannot be avoided. If any dispute over the extent of those obligations arises between the owner of the house, flat or the non-residential space and the user of the house, flat or non-residential space, the respective building authority shall make the appropriate decision in co-operation with CTU upon proposal submitted by any of the parties to the dispute.

The constructor which gives rise to a change of the position of the aboveground or underground line of the public electronic communications networks shall bear the costs of the necessary adjustments to the respective section of the electronic communications network line, using a technical solution of the same level as the one already used. The costs related to modernisation or to increasing the transmission capacity of the aboveground or underground line of the electronic communications networks shall be borne by the owner of the line.

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