Protection from interference

(1) Subject to sub-section (2) below, a licensee who installs or alters, or changes the mode of operation of, any water line or waterworks shall take all reasonable precautions for securing that the operation of that line or works does not interfere with the operation of any telecommunication or electrical apparatus or installation which is– (a) under the control of a person to whom the Telecommunications Act and Electricity Act applies; and (b) not unusually sensitive to interference with its (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 any water line or waterworks, any other interference with its operation. 61 (3) Sub-sections (1) and (2), shall be read as also applying in the converse case of a person to whom the Telecommunications Act and the Electricity Act apply and who installs or alters, or changes the mode of operation of any telecommunication or electrical apparatus or installation, and in such a case shall have effect as if– (a) any reference to the licensee were a reference to that person; (b) any reference to a water line or waterworks 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 licensee. (4) Any difference arising under this section between a licensee 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. CAP. 229. CAP. 125. (5) In this section, “momentary interference” means any interference of momentary duration which is not a regular occurrence, whether caused by physical contract or otherwise.