Protection from interference

(1) Subject to sub-section (2), a licence holder who installs or alters, or changes the mode of operation of, any electric line or electrical plant shall take all reasonable precautions for securing that the operation of that line or plant does not interfere with the operation of any telecommunication apparatus which is– (a) under the control of a person to whom the Telecommunications Act applies; and CAP. 229. (b) not unusually sensitive to interference with its operation. 42 (2) In the case of any telecommunication apparatus which is subsequently installed or altered or whose mode of operation is subsequently changed, the duty imposed by sub-section (1) shall not apply in relation to– (a) any momentary with its operation; or (b) where it is installed in unreasonably close proximity to the electric line or electrical plant, any other interference with its operation. CAP. 229. (3) Sub-sections (1) and (2) shall be read as also applying in the converse case of a person to whom the Telecommunications Act applies who installs or alters, or changes the mode of operation of any telecommunication apparatus, and in such a case shall have effect as if– (a) any reference to the licence holder were a reference to that person; (b) any reference to an electric line or electrical plant were a reference to such apparatus; and (c) any reference to such apparatus under the control of a person to whom that Act applies were a reference to such a line or such plant under the control of a licence holder. CAP. 229. CAP. 125. (4) Any difference arising under this section between a licence holder and a person to whom the Telecommunications Act applies shall be referred to arbitration by an arbitrator in accordance with the provisions of the Arbitration Act. (5) In this section, “momentary interference” means any interference of momentary duration which is not a regular occurrence (whether caused by physical contact or otherwise). 43