Telecommunications Management Act Article 46

Those who have established PSTN may use or access public lands or buildings to establish telecommunications infrastructure. The management agency (organization) of public land or buildings shall not reject it without justifiable reasons. Those who suffer from a loss deriving from their use of land or buildings shall have said losses compensated.When using or accessing rivers, ditches, bridges, embankments, roads, public forests or other public-use lands and public buildings to establish a station, those who have established a PSTN that uses telecommunications resources shall receive approval from the management agency (organization) thereof. The management agency (organization) shall not reject the proposal without justifiable reasons, whereas schools below the senior high school level may reject the proposal. Where the management agency (organization) has approved the establishment, the competent authority shall assist other establishers of PSTN in putting the establishment into practice.When the establishers of a PSTN take action to establish a pipeline infrastructure, the central and local agencies shall provide assistance thereto.The Executive Yuan shall examine the performance of the central and regional agencies and state-owned enterprises with respect to their performance in offering lands and buildings possessed or managed thereby for the establishment of telecommunications infrastructure. Results of said examination shall also be published on an annual basis.Where the telecommunications infrastructure of a PSTN cannot be established without passing through private lands or buildings or can be established with an enormous amount of money, the establishment may be made by passing through private lands or buildings on the premise of selecting the least harmful location and manner. Also, if any such use of land or buildings causes any damage, then appropriate compensation shall be made.With respect to the establishment of the telecommunications infrastructure as described in the preceding paragraph, the land or building owner, occupant or manager shall be notified 30 days prior to the constructionThose who are against the circumstances mentioned in Paragraph 5 and the preceding paragraph may request the mediation committee within the jurisdiction thereof to mediate or file a complaint for civil action.Where the construction of telecommunications infrastructure of the PSTN has to pass through a private land or building in circumstances other than those referred to in Paragraph 5, such construction should be conducted in accordance with the relevant laws.After the establishment of the telecommunications infrastructure, if the condition has changed or if the infrastructure must be relocated for some reason, the land and/or building owner, occupant or manager may request the establisher to make a change or relocate the infrastructure.Where the telecommunications infrastructure is damaged due to the construction or renovation of buildings, roads, ditches and buried pipelines or other accidents, the person who has caused such damage shall be liable for the compensation.Rules governing the conditions and operating procedures of requested relocation as described in Paragraph 9; calculation and sharing of relocating expenses; and liabilities derived from the damage and compensation standards shall be promulgated by the competent authority.The damage liabilities and compensation calculation standards as described in the preceding paragraph shall not affect a victim’s right to file a claim.The PSTN shall not be checked, expropriated or seized unless in accordance with the laws.