(1) A network operator may in connection with its operations

(a) install or maintain a facility, and

(b) remove a facility

(i) in or over a road or public ground, or

(ii) on the shore or the bed of the sea, in accordance with the regulations of the Town and Country Planning Department, the Land (Statutory Wayleaves) Act, 1963 (Act 186) and any other relevant law.

(2) A network operator shall before carrying out road works un- der subsection (1),

(a) obtain from the relevant authorities plans showing the utility installations that might be affected,

(b) submit detailed plans of the intended road works to each utility installation owner likely to be affected by the works,

(c) first obtain written permission from the affected utility installation owner for road works that might affect a utility installation,

(d) notify the Authority of intended road works, and

(e) obtain an environmental clearance certificate from the Environmental Protection Agency.

(3) Where a network operator fails to obtain the permission of a utility installation owner under subsection (2) (c), and there is a dispute, the Authority shall resolve the dispute.

(4) The Authority on receipt of a notice under subsection (2) (d), shall notify other operators or public utilities of the intended road works and inquire whether they have an intention to undertake similar road works.

(5) Before carrying out road works, a network operator shall publish a description of the works in both electronic and print media in the locality in which the road works are to be carried out and shall inform affected persons by a means specified by the Authority.

(6) Road works shall not commence until after the expiration of fourteen days from the date of the receipt of the permission and the environmental clearance certificate.

(7) The licensee may with the approval of the Authority dispense with the requirement set out in subsection (6) in the event of an emergency.

(8) A network operator may dispense with the requirement of sub- section (2) (c) where the Authority certifies in writing that the intended road works are necessitated by an emergency.

(9) A network operator or public utility notified under subsection (4) shall not carry out road works within three months after the receipt of the notice except where the network operator or public utility proves to the satisfaction of the Authority the necessity of carrying out emergency works.

(10) The network operator shall carry out the removal or alteration of utility installation and where the affected utility installation owner carries out the removal or alteration, the cost shall be borne by the network operator.