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Section 17

of Telecommunications Act 1950

ActIn forceProvision 17 of 45

Section 17

(1)

When under the foregoing provisions of this Act a telecommunication line or post has been placed by the telecommunication authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telecommunication line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telecommunication authority to remove or alter the line or post accordingly.

(4)

The President or Magistrate may, in his discretion, reject the application or make an order, absolute or subject to conditions, for the removal of the telecommunication line/or post to any other part of the property or to a higher or lower level or for the alteration of its form, and the order so made shall be final.

(3)

If the telecommunication authority omits to comply with the requisition, the person making it may apply to the President or Magistrate within whose jurisdiction the property is situate to order the removal or alteration.

(2)

If compensation has been paid under section 10 (5), he shall, when making the requisition, tender to the telecommunication authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever is the smaller sum.