(1) The Federation is entitled to use ways of communication, free of charge, for telecommunications lines serving public purposes, insofar as this does not permanently restrict the purpose for which the ways of communication are dedicated (right of use). Ways of communication means public ways, squares, bridges, and tunnels, and public waters.
(2) The Federation transfers the right of use under subsection (1), through the Federal Network Agency, on application, to the owners or operators of public telecommunications networks or of telecommunications lines serving public purposes. The application under the first sentence must specify the area for which the right of use is to be transferred.
(3) The Federal Network Agency transfers the right of use where the applicant demonstrably has the expertise, reliability, and capability to construct telecommunications lines, and the right of use is compatible with the regulatory objectives under section 2. The Federal Network Agency grants the right of use for the duration of the public activity. It decides on complete applications within six weeks.
(4) The Federal Network Agency is to be notified without delay of the start and end of use, and of any other lapse of the right of use under subsection (2), of changes of name, changes of address, and identity-preserving conversions of the undertaking. The Federal Network Agency makes this information available to the bodies responsible for the upkeep of the ways. The holder of the right of use is liable for damage arising from changes not notified in good time.
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Part 8 · Rights of Way and Shared Use › Division 1 · Rights of Way › Section 125
Right to use public ways and its transfer
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