Class PT3 easements concern easements on private property established for the benefit of operators of telecommunications networks (electronic communication) open to the public in order to allow the installation and operation of network equipment, including fixed and mobile very high-speed network equipment: — on and in parts of collective buildings and subdivisions for common use, including those capable of accommodating radio installations or equipment; — on the ground and in the basement of unbuilt properties, including those capable of accommodating radio installations or equipment; — above private property in so far as the operator merely uses the installation of a third party benefiting from easements without compromising, where appropriate, the own public service task entrusted to that third party. The installation of the structures of the telecommunications network (electronic communication) shall not interfere with the right of owners or co-owners to demolish, repair, modify or close their property. However, owners or co-owners must, at least three months before undertaking work likely to affect the works, notify the beneficiary of the easement. Authorised operators’ agents must have a certificate signed by the beneficiary of the easement and the undertaking to which that agent belongs in order to access the building, subdivision or unbuilt property. Where, for the purposes of the study, construction and operation of the facilities, the introduction of such agents into private property is necessary, it shall, in the absence of an amicable agreement, be authorised by the President of the Tribunal de grande instance, ruling as regards interim measures, which shall ensure that the presence of the staff is necessary. The beneficiary of the servitude shall be liable for any damage which arises from the equipment of the network. He shall be required to compensate all direct and certain damage caused both by installation and maintenance work and by the existence or operation of the works. In the absence of an amicable agreement, compensation shall be fixed by the expropriation court seized by the most diligent party. This resource describes the generators of the PT3 easements, namely the buried structures of the telecommunications network.
Source: —NR—
Vintage: —NR—
Dissemination: Restricted
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