This Regulation is promulgated pursuant to Paragraph 3, Article 45 of the Telecommunications Act.
Relocation fee of Telecommunications lines and damage compensation of Telecommunications facilities are conducted pursuant to this Regulation; But the persons who are involved to make other agreement shall handle with agreement.
The suitable range of this Act asks Type I Telecommunications enterprises or government agencies ( hereinafter referred to as Telecommunications lines agencies) for relocating the erected Telecommunications lines, which derive the related expenses and calculation modes. Because of fixing houses, road, ditches, pipe burial or other accidents, reparations agreement for the erected Telecommunications equipment is to suffer from damage.
“Telecommunications Lines” called by this Act means a line system of pipes, lines and related equipment erected by Telecommunications lines authorities.
Those who request for relocation of Telecommunications line shall conclude the following information in written form to report to Telecommunications lines authorities:
1. Applicant Name, Address and Tel No.;
2. The range and place of relocation lines;
3. Requests for relocation content;
4. Investigation date to decide;
Telecommunications lines authorities that receive notice of the request in the proceeding article shall deliberate with applicants about an investigation date to discuss.
One of the following situations occurred shall be conducted with negotiation. If negotiation failed, please contact local government or assist by the competent authority to permit the erected conduits:
1. No appropriate place for relocation;
2. Construction technique or serious difficulty unable to solve economically;
3. Controversy about relocation fee;
4. Dispute occurred at lines relocation;
Those who request for movement of Telecommunications line, besides regulated by this Regulation, shall bear all relocation fee.
If the erected Telecommunications lines pass through applicant’s or others land, which results from himself/herself land to gain with one of the following situations, the land owner, legal occupant or user shall ask that Telecommunications lines authorities to relocate without any charge:
1.Interference with water conservancy and agricultural machinery operation.
2. Interference with justifiable performance of architecture or other rights according to the legal permission.
If Telecommunications lines pass through the public or private lands, applicants who are not land owners, legal occupants or users to ask for relocation investigated by Telecommunications lines authorities shall bear 2/3 of relocation fee.
If Telecommunications lines have to relocate in coordination with conducting the roadway project, relocation fee for the related lines are conducted pursuant to the following regulations:
1. When conducting the project of National Roadway, Province Highway and Municipality Express Roadway to relocate permanently the erected conduits, Telecommunications lines authorities shall pay all fees.
2. If conduits that are attached on the roadway bridge in the proceeding paragraph encounter a bridge broadening or reconstruction, Telecommunications lines authorities shall operate in coordination with construction, conduct relocation and pay all fee.
3. When conducing the roadway project beyond the road in Paragraph 1 to relocate permanently the erected conduits, Telecommunications lines authorities shall operate in coordination with construction, conduct relocation and pay all fee.
4. When Telecommunications conduits operate in coordination with the temporary relocation of the roadway project, Roadway Construction Unit shall pay full relocation and urgent repair fee.
When conducting Telecommunications lines permanently in coordinate with the public infrastructure by Urban Planning Regulations to redraw land or levy division, Telecommunications lines authorities shall operate in coordination with construction, conduct relocation and pay all fee; For temporary relocation, the entity initiated the project shall be responsible for all compensation the expense caused in this regard.
The aforementioned landowners conduct land redrawing by them, landowners shall negotiate with Telecommunications enterprise authorities about the relocation fee.
If Telecommunications lines have to relocate and improve in coordination with the erection of railway or MRTS, the required relocation fee shall be conducted pursuant to Railway Act and Mass Rapid Transit System Act.
If other conduit units ask to relocate Telecommunications lines due to maintenance or erection via the investigation of Telecommunications lines authorities, they shall pay full relocation fee.
The relocation fee for Telecommunications lines shall follow the original line types and quantities to calculate.
When calculating the movement expenses, the following calculation shall be based on material expenses, labor expenses, transportation expenses, repair expenses of road surface and construction compensation expenses:
1. Material Expenses: Disassembly materials may use to discount at 30% off with new one. Useless materials shall not discount and Telecommunications lines authorities shall process disassembled materials.
2. Labor Expenses: Wages shall be calculated as the employees of Telecommunications lines authorities according to the number of actual attendants.
3. Transportation and Storage Expenses：so-called transportation and storage expenses are only meant both material wares are transported from the engineering department of telecommunications line authorities or material warehouse to the operation site and these material wares store at a storage place and the operation site.
4. Repair Expenses of Road Surface: Expenses shall be based on standard verification by the competent authority of roadway.
5. Construction Compensation Expenses: Compensation expenses shall be limited with the objects on the ground.
If the movement project of Telecommunications lines is outsourced, the expenses of the outsourcing contents shall be calculated in currency of actual settlement.
Those who damage to telecommunications facilities arising from repairs or construction of buildings, roads, irrigation ditches, or the laying of underground pipes, cables or other projects shall take charge of compensation.
Construction situations in the proceeding paragraph, besides emergency accident to follow the conduction of other Laws, shall start before 7 days of construction to notify Telecommunications lines authorities in a written notice and carry conduit drawings to the field installation specified by Telecommunications lines. If Telecommunications lines authorities don’t specify on site or specify improperly on site, constructors shall not take liability to pay compensation of damage.
When Telecommunications facilities are subjected to damage, the charge for the damages is conducted as Article 14.
This Regulation shall come into effect as of the date of promulgation.