Cap. 81 чл. 14Access to existing physical infrastructure.

(1) A network operator shall meet all reasonable requests made in writing by an undertaking requesting access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks: Provided that the undertaking concerned shall in its request specify the elements of the project for which the access is requested, including a specific time frame: Provided further that nothing in this Part shall be construed as prohibiting network operators from offering access to their physical infrastructure.

(2) Any refusal of access following a request made in accordance with sub-article (1) shall be based on objective, transparent, and proportionate criteria including but not limited to:

(a) the technical suitability of the physical infrastructure to which access has been requested to host any of the elements of high-speed electronic communications networks referred to in sub-article (1);

(b) availability of space to host the elements of the high-speed electronic communications networks referred to in sub-article (1), including that the future needs for space of the network operator are sufficiently demonstrated;

(c) safety and public health concerns;

(d) integrity and security of any network, in particular of critical national infrastructure;

(e) the risk of serious interferences of the planned electronic communications services with the provision of other services over the same physical infrastructure;

(f) the availability of viable alternative means of wholesale physical network infrastructure access provided by the network operator and suitable for the provision of high-speed electronic communications networks, provided that such access is offered under fair and reasonable terms and conditions.

(3) The network operator when giving its refusal shall in writing state its reasons for refusing the request, which reasons must be given within two months from the date of receipt of the complete request for access: Provided that in doing so the network operator shall, where applicable, provide the undertaking making the request with any relevant documentation in support of its refusal.

(4) Where access is refused or an agreement on specific terms and conditions, including price, has not been reached within two months from the date of receipt of the complete request for access, then either party may file a dispute with the Dispute Resolution Board on the lapse of the two months period referred to in this sub-article.

(5) The Dispute Resolution Board shall, in determining any dispute, referred to it in accordance with this article, taking into account the principle of proportionality, issue a binding decision to resolve the dispute, including the setting of fair and reasonable terms and conditions, including price where appropriate: Provided that where the dispute relates to access to the infrastructure of an electronic communications network provider, the Board shall, where appropriate, take into account the objectives set out in article 4 of the Electronic Communications (Regulation) Act: Provided further that any price set by the Board shall ensure that the access provider has a fair opportunity to recover its costs and shall take into account the impact of the requested access on the business plan of the access provider, including the investments made by the network operator to whom access is requested, in particular in the physical infrastructures used for the provision of high-speed electronic communications services.

(6) The Dispute Resolution Board shall resolve any dispute referred to it in accordance with this article within the shortest possible time frame and in any case within four months from the date of the receipt of the complete request, except in exceptional circumstances in accordance with the provisions of article 32.

(7) The provisions of this article shall be without prejudice to the right to property of the owner of the physical infrastructure in cases where the network operator is not the owner, and to the right to property of any other third parties, such as landowners and private property owners.