Cap. 81 Art. 15Transparency concerning physical infrastructure.

(1) An undertaking in the course of requesting access to physical infrastructure in accordance with article 14(1), has the right to access, upon request, the following minimum information concerning the existing physical infrastructure of any network operator:

(a) location, and route;

(b) type and current use of infrastructure; and

(c) a contact point:

Provided that, in doing so, the undertaking shall specify the area in which it envisages deploying elements of the high-speed electronic communications networks: Provided further that the provision of any such information to the undertaking may 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 as may be determined by the competent infrastructure regulator.

(2) A public sector body holding in electronic format, by reason of its tasks, elements of the minimum information referred to in sub-article (1) concerning the physical infrastructure of a network operator, shall make such information available:

(a) through the Single Information Point by electronic means; and, or

(b) to an undertaking upon the request in writing of that undertaking, this without prejudice to the limitations stated in sub-article (1):

Provided that any update to that information or any new element of minimum information referred to in sub-article (1) received by the public sector body shall be made available to the Single Information Point within two months from the date of its receipt, which period of such two months may be extended by a further period not extending one month, where this is required to guarantee the reliability of the information provided: Provided further that any information provided to the Single Information Point shall be updated forthwith by the entity responsible for the provision of such information which entity shall inform the Single Information Point accordingly.

(3) Minimum information made available to the Single Information Point in accordance with sub-article (2) shall be accessible promptly, through the Single Information Point, in electronic format and under proportionate, non-discriminatory and transparent terms. Such access shall be made available through the Single Information Point by not later than the 1 January 2017.

(4) Where the minimum information referred to in sub-article

(1) is not available through the Single Information Point, then network operators shall provide access to such information upon the specific written request by an undertaking. In making such a request the undertaking shall specify the area envisaged for the deployment of elements of high-speed electronic communications networks:

Provided that access to information shall be granted within two months from the date of receipt of the written request under proportionate, non-discriminatory and transparent terms without prejudice to the limitations under sub-article (1).

(5) Upon the specific written request of an undertaking, a network operator shall meet reasonable requests for on-site surveys of specific elements of its physical infrastructures. In making such a request the undertaking shall specify the elements of the network concerned with a view to deploying elements of high-speed electronic communications networks:

Provided that on-site surveys of the specified network elements shall be granted under proportionate, non-discriminatory and transparent terms within one month from the date of receipt of the written request, without prejudice to the limitations in sub-article (1).

(6) In the event of a dispute arising in connection with the rights and obligations provided for in this article, either party may refer the dispute to the Dispute Resolution Board which shall, after taking full account of the principle of proportionality, issue a binding decision to resolve the dispute within the shortest possible time frame and in any case within two months, except in exceptional cases in accordance with article 32.

(7) The Single Information Point following consultation with any competent utility regulator or regulators as the case may be, and such other public sector body or bodies as it may consider necessary, may provide for exemptions from the obligations in sub-articles (1) to (5) in the case of existing physical infrastructures considered not technically suitable for the deployment of electronic communications networks or in the case of critical 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 within such reasonable time as it may establish.

(8) An undertaking which obtains any information pursuant to the provisions of this article shall, where appropriate, ensure that the information so acquired is treated with due consideration to confidentiality, and operating and business secrets.