Protective Zones

Underground Communications Line Protective Zone

The establishment of a underground communications line protective zone and activities in this protective zone are set out in Section 102 of the Electronic Communications Act.

An underground communications line means a cable line, including cable sets and equipment buried underground, and cable distribution frames located above the ground level. Cable sets and equipment include, but are not limited to, cable joints, cable accessories, amplifiers, intermediate repeaters, corrosion control equipment, overvoltage control equipment, pressure control equipment and cable ducts. The line pegging points of the underground communications line shall include cable markers, posts, or stones indicating the position of cable sets and equipment, cable crossings with roads, railways or watercourses, or showing position changes in the cable route in residential areas or in the open landscape.

The protective zone of an underground communications line shall be deemed to be established as at the effective date of a decision issued on the basis of the Building Act. The protective zone of an underground communications line shall be 1.0 metre on the sides of the marginal line.It is prohibited in the protective zone of an underground communications line without consent of its owner or decision of the building authority to perform any earthwork or grading operations, to establish buildings or locate structures or any other similar features or to plant permanent tree stands etc. Any activities in the protective zone of an underground communications line that could prevent or substantially worsen access to the line or could compromise the security and reliability of its operation may only be carried out upon prior consent of the owner of the line.

A legal entity or a natural person who is an entrepreneur commits administrative offence if it breaches the ban on the performance of activities in the protective zone in accordance with Section 118 paragraph 1 letter p) of the Electronic Communications Act. A natural person commits administrative offence if it breaches the ban on the performance of activities in the protective zone in accordance with Section 119 paragraph 1 letter j) of the Electronic Communications Act.

Aboveground Communications Line Protective Zone

The establishment of an aboveground communications line protective zone and activities in this protective zone are set out in Section 102 of the Electronic Communications Act.

An aboveground communications line shall be understood to mean a wire line or cable line or wireless line, including the associated electronic communications facilities, built above the ground outside or inside buildings. The supporting points of the aboveground communications line include any structural elements bearing or supporting the wires or cables, or the associated electronic communications facilities of the line (ground poles, roof poles, wall brackets, antenna mast, antenna support).

The protective zone of an overhead communications line shall be deemed to be established as at the effective date of a decision issued on the basis of the Building Act. The parameters of such protective zones, the range of the restrictions and the conditions of protection shall be determined by the appropriate building authority upon the line owner’s proposal and shall be specified in that decision. The rights of the owners of the properties located in the protective zone of an overhead telecommunications line must be respected.

A legal entity or a natural person who is an entrepreneur commits administrative offence if it breaches the ban on the performance of activities in the protective zone in accordance with Section 118 paragraph 1 letter q) of the Electronic Communications Act. A natural person commits administrative offence if it breaches the ban on the performance of activities in the protective zone in accordance with Section 119 paragraph 1 letter k) of the Electronic Communications Act.

Protective Zone of Radio Equipment and Microwave Link

The establishment of a protective zone of the radio equipment and microwave link is set out in Section 103 of the Electronic Communications Act.

The protective zone of the radio equipment and microwave link shall be deemed to be established as at the effective date of a decision issued on the basis of the Building Act. The parameters of such protective zones with respect to the opinion of an expert witness, the range of the restrictions and the conditions of protection shall be determined by the appropriate building authority upon the proposal of the owner of the equipment and links and shall be specified in that decision. The rights of the owners of the properties located in the protective zone of the radio equipment and radio microwave link must be respected.

A legal entity or a natural person who is an entrepreneur commits administrative offence if it breaches the ban on the performance of activities in the protective zone in accordance with Section 118 paragraph 1 letter q) of the Electronic Communications Act. A natural person commits administrative offence if it breaches the ban on the performance of activities in the protective zone in accordance with Section 119 paragraph 1 letter k) of the Electronic Communications Act.

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