Any electronic communications operator authorised by a local authority, by a public cooperation establishment competent for public electricity distribution, or by a public electricity distribution network operator to install a non-radioelectric overhead structure on a public electricity distribution network overhead line support shall, if this overhead line is replaced by an underground line at the initiative of the aforementioned local authority or institution, to replace its entire overhead line using the part fitted out for this purpose in the underground structure built to replace the common overhead structure. The common civil engineering infrastructures created by the local authority or public cooperation establishment belong to them.
The electronic communications operator shall bear the costs of removing, reinstalling underground and replacing electronic communications equipment including in particular cables and the corresponding design and engineering costs. It shall be responsible for the maintenance of its equipment. An order of the ministers responsible for electronic communications and energy determines the proportion of earthworks costs borne by the electronic communications operator.
The reception infrastructures and electronic communications equipment, in particular the ducts and drawing chambers, may be partially or fully paid for by the local authority or public cooperation body, which then has a right of use or ownership of these infrastructures under conditions set by the agreement provided for in the last paragraph. If the local authority owns the infrastructure, the operator then has a right of use to re-establish its existing lines.
An agreement concluded between the local authority or public cooperative establishment and the electronic communications operator sets out the terms and conditions for the construction and, where applicable, occupation of the shared facility, in particular the responsibilities and financial participation of each party, based on the principles set out above, and indicates the amount of the fee that it may have to pay for occupying the public domain.