Special installations

(1) Telecommunications lines are to be constructed so that they do not disruptively affect existing special installations (facilities serving the upkeep of the way, sewerage, water, and gas pipelines, railway tracks, electrical installations, and the like). The holder of the right of use bears the costs arising from the provision of the necessary protective measures.
(2) The relocation or alteration of existing special installations may be required only against compensation, and only where use of the way of communication for the telecommunications line would otherwise have to be foregone and the special installation can otherwise be accommodated in accordance with its purpose.
(3) Even where the conditions of subsections (1) and (2) are satisfied, use of the way of communication for the telecommunications line must be foregone where the damage arising from the relocation or alteration of the special installation is disproportionately large compared with the costs that would arise for the holder of the right of use from using another way of communication available to it.
(4) Subsections (1) to (3) apply correspondingly to special installations in preparation, the construction of which is in the public interest. Compensation under subsection (2) is granted only up to the amount of the expenditure incurred through the preparation. Installations are deemed to be in preparation as soon as, on the basis of a plan worked out in detail, they have received the approval of the commissioning party and, insofar as necessary, the approval of the competent authorities and of the owner or other person entitled to use the way affected.