this post was submitted on 10 Aug 2024
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I would like to understand this paragraph:

§ 2. Lorsque (un opérateur d'un [¹ réseau public de communications électroniques]¹) a l'intention d'établir des câbles, lignes aériennes et équipements connexes, de les enlever ou d'y exécuter des travaux, elle tend à rechercher un accord quant à l'endroit et la méthode d'exécution des travaux, avec la personne dont la propriété sert d'appui, est franchie ou traversée.

Argos Translate yields:

§ 2. When (an operator of a [¹ public electronic communications network]¹) intends to establish cables, airlines and related equipment, to remove or perform work therein, it tends to seek an agreement on the location and method of carrying out work, with the person whose property serves as a support, is crossed or crossed.

I think tends is a false friend here because it seems unlikely in this context. A commercial machine translation yields:

§ 2. When (an operator of a [¹ public electronic communications network]¹) intends to establish, remove or carry out work on cables, overhead lines and related equipment, it shall seek agreement as to the location and method of carrying out the work with the person whose property is used as support, is crossed or is being traversed.

Sounds more accurate. I’m disappointed that there seems to be no requirement that the telecom company obtain consent from property owners. Is that correct? The telecom operator does not need consent on whether to use someone’s private property, only consent on how they deploy the cables?

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Yes. It is equally as astonishing in french. In simple terms the law you're quoting says "generally speaking, ISPs will most likely try to obtain consent". Why this is a law at all makes no sense to me.

I don't think this works here. You see it in this form in the phrase "je tend a mes affaires" (I am tending to my own business) which is incredibly old fashioned and doesn't work here anyway.