Cap. 81 Art. 17Transparency concerning civil works.

(1) In order to negotiate agreements on the coordination of civil works referred to in article 16, a network operator shall make available upon the specific written request of an undertaking, the following minimum information concerning on-going or planned civil works related to its physical infrastructure for which a permit has been granted, a permit granting procedure is pending or a first submission to the competent authority for permit granting is envisaged in the following six months:

(a) the location and the type of works;

(b) the network elements involved;

(c) the estimated date for starting the works and their duration; and

(d) a contact point: Provided that the provision of any such information to the undertaking shall be subject to any limitations consequential to the security of the networks and their integrity, national security, public health or safety, confidentiality or operating and business secrets.

(2) The undertaking shall in making its request, specify the area in which it envisages deploying elements of high-speed electronic communications networks: Provided that within fourteen days from the date of receipt of the written request, network operators shall provide the requested information under proportionate, non-discriminatory and transparent terms.

(3) The network operator may refuse the request made under sub-article (1) if:

(a) it had made the requested information publicly available in electronic format; or

(b) access to such information is ensured through the Single Information Point.

(4) The network operator shall make the requested minimum information referred to in sub-article (1) available through the Single Information Point.

(5) If on the lapse of the fourteen days period referred to in sub-article (2), the information requested in accordance with the provisions of this article is not provided, then an aggrieved party may on the lapse of the aforesaid fourteen days, refer a dispute it may have in connection with the rights and obligations under this article, to the Dispute Resolution Board which shall in determining any dispute referred to it in accordance with this article, taking full account of the principle of proportionality, issue a binding decision to resolve the dispute raised, including the setting of fair and non-discriminatory terms and conditions and charges where appropriate:

Provided that the Board shall resolve any dispute referred to it in accordance with this article within the shortest possible time frame and in any case within two months from the date of the receipt of the complete request except in exceptional circumstances in accordance with article 32, without prejudice to the possibility of any party to refer the case to court.

(6) The competent authority for permit granting following consultation in writing with the competent utility regulator or regulators as the case may be and with any public sector body or bodies as it may consider necessary, provide for exemptions from the obligations in this article for civil works of insignificant value or in the case of critical national infrastructure. In doing so it shall give its reasons in writing and shall before taking a final decision, give any interested parties the opportunity to make any written submissions on the draft exemptions within such reasonable time as it may establish.