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Definitions For the purposes of this Regulation, the definitions set out in Directive (EU) 2018/1972 apply, in particular the definitions of ‘electronic communications network’, ‘very high capacity network’, ‘public electronic communications network’, ‘network termination point’, ‘associated facilities’, ‘end-user’, ‘security of networks and services’, ‘access’, and ‘operator’. The following definitions also apply:

(1) ‘network operator’ means:

(a) an operator as defined in Article 2, point (29), of Directive (EU) 2018/1972;

(b) an undertaking providing a physical infrastructure intended to provide:

(i) a service of production, transport or distribution of:

— gas,

— electricity, including public lighting,

— heating,

— water, including disposal or treatment of wastewater and sewage, and drainage systems;

(ii) transport services, including railways, roads including urban roads, tunnels, ports and airports;

(2) ‘body governed by public law’ means a body that has all of the following characteristics:

(a) it is established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;

(b) it has legal personality;

(c) it is financed, in full or for the most part, by state, regional or local authorities or by other bodies governed by public law or is subject to management supervision by those authorities or bodies; or has an administrative, managerial or supervisory board, more than half of whose members are appointed by state, regional or local authorities or by other bodies governed by public law;

(3) ‘public sector body’ means a state, regional or local authority, a body governed by public law or an association formed by one or more such authorities or one or more such bodies governed by public law;

(4) ‘physical infrastructure’ means:

(a) any element of a network that is intended to host other elements of a network without becoming an active element of the network itself, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, antenna installations, towers and poles, as well as buildings including their rooftops and parts of their facades or entries to buildings, and any other asset, including street furniture such as light poles, street signs, traffic lights, billboards and toll frames, as well as bus and tramway stops and metro and railway stations;

(b) where not part of a network and owned or controlled by public sector bodies: buildings including their rooftops and parts of their facades or entries to buildings, and any other asset, including street furniture such as light poles, street signs, traffic lights, billboards and toll frames, as well as bus and tramway stops and metro and railway stations. Cables, including dark fibre, as well as elements of networks used for the provision of water intended for human consumption as defined in Article 2, point (1), of Directive (EU) 2020/2184 of the European Parliament and of the Council () are not physical infrastructure within the meaning of this Regulation;

(5) ‘civil works’ means every outcome of building or civil engineering works taken as a whole that is sufficient in itself to fulfil an economic or technical function and entails one or more elements of a physical infrastructure;

(6) ‘in-building physical infrastructure’ means physical infrastructure or installations at the end user’s location, including elements under joint ownership, intended to host wired and/or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

(7) ‘in-building fibre wiring’ means optical fibre cables at the end user’s location, including elements under joint ownership, intended to deliver electronic communications services and connecting the building access point with the network termination point;

(8) ‘fibre-ready in-building physical infrastructure’ means in-building physical infrastructure intended to host optical fibre elements;

(9) ‘major renovation works’ means civil works at the end user’s location that encompass structural modifications of the entire in-building physical infrastructure or a significant part thereof and that require, in accordance with national law, a building permit;

(10) ‘permit’ means an explicit or implicit decision or set of decisions taken simultaneously or successively by one or more competent authorities that are required under national law for an undertaking to carry out building or civil works necessary for the deployment of elements of VHCNs;

(11) ‘access point’ means a physical point, located inside or outside the building, accessible to undertakings that provide or that are authorised to provide public electronic communications networks, where connection to the fibre-ready in-building physical infrastructure is made available;

(12) ‘rights of way’ means rights referred to in Article 43(1) of Directive (EU) 2018/1972, granted to an operator to install facilities on, over or under public or private property to deploy VHCNs and associated facilities.