May I have the regulation paper that Infrared passes over the public road
or the private land when Infrared Communication between buildings is deployed
over the public road or the private land? I have the information that the
license of the owner of the surface rights is needed when the cable is
laid under the ground within several meters deep.
I don't know the public paper of this matter. The surface rights over the public road or the private land are considered to be established for the fixed structure for example building or electric power line.
Radio wave communication uses so far the free space over the public road
or the private land as the transmission path similarly with Infrared Communication.
But I don't know that it is against the law and the license is needed.
Actually the owner of the land can construct the building on the land whether
the free space over the land is used or not. Even if the communication
path is obstructed by the building, the operator of the communication can
not object to it. Accordingly I think that it is no problem about the communication
over the land.
For the public communication link of the microwave link of NTT (Nippon Telegraph and Telephone Company) or the communication link of the broadcast station (using the regulated frequency band), they can make a proposition of the setup of repeater on the roof of the building when they know the plan to construct the high building or the high building is actually constructed. But they must search the other route if the proposition is refused.
I think that there is no regulation about the free space over the land
if it does not restrict to the ground.