S.L. 399.48 Art. 44Deployment and operation of small- area wireless access points. Cap. 81. S.L. 427.41. Cap. 81

(1) The Authority shall not unduly restrict the deployment of small area wireless access points.

(2) The Authority shall ensure that any rules governing the deployment of small-area wireless access points are nationally consistent. In doing so the Authority shall publish such rules in advance of their application in consultation with any such public authority as the Authority may consider necessary:

Provided that in particular, the competent authority responsible for town planning shall not subject the deployment of small area wireless access points complying with the characteristics laid down pursuant to paragraph 2 of Article 57 of the Electronic Communications Code to any individual town planning permit or other individual prior permits. By way of derogation from this proviso the aforesaid competent authority may require permits for the deployment of small-area wireless access points on buildings or sites of architectural, historical or natural value protected in accordance with national law or where necessary for public safety reasons. Article 18 of Utilities and Services (Regulation of Certain Works) Act shall apply to the granting of those permits.

(3) This regulation is without prejudice to the essential requirements laid down in the Radio Equipment and

Telecommunications Terminal Equipment and the Mutual Recognition of their Conformity Regulations and to the authorisation regime applicable for the use of the relevant radio spectrum.

(4) In the context of the application of the procedures adopted under national law, notably those under Parts III and IV of the Utilities and Services (Regulation of Certain Works) Act, operators shall have the right to access any physical infrastructure controlled by national, regional or local public authorities, which is technically suitable to host small-area wireless access points or which is necessary to connect such access points to a backbone network, including street furniture, such as light poles, street signs, traffic lights, billboards and bus stops and stations:

Provided that public authorities shall meet all reasonable requests for access on fair, reasonable, transparent and non-discriminatory terms and conditions, which shall be made public at the single information point established under the Utilities and Services (Regulation of Certain Works) Act.

(5) Without prejudice to any commercial agreements, the deployment of small-area wireless access points shall not be subject to any fees or charges going beyond the administrative charges in accordance with regulation 12.