The person who has been notified under paragraph three may lodge a petition expressing that there is unreasonable ground for using land or property for such implementation or such implementation may cause serious damages to the utilization of land or property to the Commission for its decision within thirty days as from the date of receiving informing note. The decision of the Commission shall be final.

When the period notified by the Commission under paragraph three has lapsed and the licensee has paid the compensation for the use of land or property under Section 40, the licensee shall have the right to use land or property for the implementation under paragraph two and shall comply with the criteria prescribed in notification of the Commission which shall not cause annoyance or affect natural surroundings and shall not reduce, in excess of what is reasonable, the benefit from the utilization of that land.

Section 40 The licensee shall pay the compensation for the use of land under Section 39 at the amount prescribed by the Commission.

In the case where the authorized official in charge of the land or property, the land owner or land tenant, or the property owner or property possessor does not accept the compensation under paragraph one, the licensee shall deposit that compensation with the Commission in accordance with the criteria prescribed by the Commission.

The licensee, the land owner or the official in charge of the land who is not satisfied with the compensation under paragraph one shall have the right to enter an action in the Administrative Court.

Section 41 When the authorized State official in charge of the land or property, or the land owner or land tenant has been notified in advance under the criteria prescribed by the Commission, the licensee shall have the right to lay lines above or across the land which is domaine public of State or owned by another person without consent if such implementation does not affect the utilization of that land.

The authorized State official in charge of the land or property, the land owner or land tenant may inform the licensee to lay lines in the area where the utilization of land will not be affected. If any damage is caused from such implementation, they shall have the right to request for the compensation from the licensee. In this regard, the provisions of Section 39 and Section 40 shall apply, mutatis mutandis.

The provisions of this Section shall also apply to the implementation under Section 39 paragraph two (1), mutatis mutandis.

Section 42 The licensee may enter the land on which the telecommunications network, poles, lines, ducts or other equipment are located for the purpose of inspection, maintenance, repair or prevention from possible harm or damage. In this regard, the licensee shall inform the land tenant, in writing, not less than thirty days in advance except for the case of emergency that requires immediate correction for which the licensee may promptly enter the land.

If there is any damage arising from the implementation under paragraph one, the injured person shall have the right to claim for the compensation from the licensee.

Section 43 In the case where the telecommunications equipment of users causes interference or may cause damage to telecommunications network or device used for telecommunications business of the licensee, the licensee shall inform the user, in writing, to change or modify that equipment within a reasonable period.

In the case where the user does not take action as informed in writing under paragraph one and the use of such equipment still causes interference or may cause damage to the telecommunications network or device used for telecommunications business of the licensee, the licensee may suspend the service for that user until the action required has been taken.

In the case of necessity and compelling, the licensee may immediately suspend the supply of telecommunications service and inform the user later.

Section 44 Any person is prohibited to cause damage, destruction, depreciation in value, or render useless to the telecommunications network, poles, lines, ducts, transmitters, receivers, or any other equipment used for the supply of telecommunications service, or telecommunications service station.

For the purpose of this Section, the Commission may prescribe in notification the measure for the protection of various objects under paragraph one, as it deems necessary.

CHAPTER V
Rights of User

Section 45 Any person who suffers from the supply of telecommunications service of the licensee shall have the right to lodge a petition, in writing, to the Commission, through the Office.

The petition under paragraph one shall specify definitive facts and shall be submitted together with other related evidences, if any.

During the petition consideration, the Commission shall, if requested by the petitioner, have the power to direct the licensee to take temporary action in order to remedy the damage caused to that petitioner.

Section 46 The Commission shall complete the petition consideration within thirty days as from the date of receiving the petition. In this regard, the parties concerned shall have opportunities to give a responded statement of facts and produce evidence. In the case where the Commission deems that the licensee has committed an act that violated the laws, licensing conditions, contract for the supply of service or did not comply with standard of service, the Commission shall have the power to order the licensee for the correction thereof within a specified period.

Section 47 In the case where the user is of the opinion that the licensee has collected fee or tariff higher than the maximum rate prescribed by the Commission under Section 55 or higher than that collected from other users of similar nature or categories of service, or the user is of the opinion that the licensee has incorrectly collected fee or tariff, the user shall have the right to request information of his or her service usage from the licensee.

The licensee shall provide user the information under paragraph one within a reasonable period which shall not exceed thirty days as from the date of request. The licensee shall, if requested by the user, provide a document certifying the correctness of information. In this regard, the licensee may charge the user a fee which shall not be in
excess of what is reasonable and shall be in accordance with the criteria prescribed by the Commission.

Section 48 In the case where there is a reasonable doubt that the licensee has collected fee or service charge in any manner under Section 47 paragraph one, the user shall have the right to lodge a petition to the Commission, and the provisions of Section 45 and Section 46 shall apply, mutatis mutandis.

In the petition consideration under paragraph one, the licensee shall have the duty to verify the fact to confirm the correctness of the collection of fee or tariff.

Section 49 The user shall have the right to use his or her own telecommunications equipment in obtaining the service from the licensee.

Collection of fee for using his or her own telecommunications equipment in obtaining the service from the licensee shall be in accordance with the rate and criteria prescribed by the Commission.

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