The installation of cables, overhead lines and related equipment is governed by Chapter IX of Title III of the 21 March 1991 Act (Articles 97 through 105). An operator of a public telecommunications network is entitled to make use of the public domain and private property in order to install cables, overhead lines and related equipment and to perform all work to these structures under the conditions of Chapter IX of Title III of the 21 March 1991 Act.
Before installing cables, overhead lines and related equipment in the public or private domain operators of a public telecommunications network must contact the authorities competent with respect to the public domain or with the person whose property is to serve as support, or which will be spanned or crossed.
All operators of a public telecommunications network are entitled to do so at no charge.
Other rules apply in the case of a dispute between the operator and the authorities competent for the public domain or the owner of the private property.
Use of public property by an operator
Before installing cables, overhead lines and related equipment on public property, operators of a public telecommunications network must first submit the construction plan and its details for approval to the authority responsible for public property.
Within two months after submission of the plan, this authority will make a decision and inform the operator of the public telecommunications network involved of this decision. Once this term has passed, silence from the authority indicates approval.
In the event of ongoing disagreement, a Royal Decree settles the issue.
BIPT has no authority in that area.
Use of private property by an operator
When installing cables, overhead lines and related equipment, each operator of a public telecommunications network is entitled free of charge to attach fixed supports to walls and façades along the public road, make use of open and vacant ground, or to span or cross properties without attachment or touching them.
When an operator of a public telecommunications network intends to set up, remove or perform work on cables, overhead lines and related equipment, he should try to reach an agreement on the place and manner in which the work is to be performed with the person whose property is to serve as support or which will be spanned or crossed.
If no agreement is reached, the operator will provide the person whose property is to serve as support or which will be spanned or crossed with a clear description on the place and manner in which the work is to be performed by means of a letter sent by registered mail.
Within eight full days after receipt of the above-mentioned letter, the person whose property is to serve as support or which will be spanned or crossed may submit a motivated notice of objection to BIPT. Submitting the objection suspends implementation of the plans.
The person submitting the motivated objection is requested to include a copy of the letter sent by the operator by registered mail, or the name of the operator and the full address of the contact.
Within a month after receipt of the objection, BIPT will hear both parties and will make a motivated decision.