Art. 36 Right of compulsory purchase and joint use
1 If the establishment of a telecommunications installation is in the public interest, DETEC132 may grant the right of compulsory purchase. The procedure shall be conducted in accordance with the Federal Act of 20 June 1930133 on Compulsory Purchase. 2 OFCOM may on application, for reasons of public interest, in particular to take account of technical problems or the planning needs or protection of the countryside, national heritage, the environment, nature or animals, require providers of telecommunications services to accord to a third party, in return for appropriate compensation, the right to make joint use of its telecommunications installations and other installations, such as cable ducts and transmitter locations, if they have sufficient capacity.134 3 Under the same conditions, OFCOM may require providers of telecommunications services to co-install and joint use of telecommunications installations and other installations, such as cable ducts and transmitter locations.135 132 Name in accordance with No I of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559). This change has been made throughout the text. 134 Amended by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). 135 Inserted by No I of the FA of 24 March 2006, in force since 1 Apr. 2007 (AS 2007 921; BBl 2003 7951). |