FantasticSearch

1. In order to be able to request access to physical infrastructure in accordance with Article 3, an operator shall have the right to access, upon request, the following minimum information on existing physical infrastructure, in electronic format via a single information point:

(a) georeferenced location and route;

(b) type and current use of the infrastructure;

(c) a contact point. Such minimum information shall be accessible, under proportionate, non-discriminatory and transparent terms and in any event no later than 10 working days after the date of submission of the request for access to information. In duly justified cases that deadline may be extended once by five working days. Operators requesting access shall be informed of any extension of the deadline via a single information point. Any operator requesting access to information pursuant to this Article shall specify the geographical area in which it envisages deploying elements of VHCNs or associated facilities.

Access to the minimum information may be limited or refused provided that it is necessary to ensure the security of certain buildings owned or controlled by public sector bodies, the security of the networks and their integrity, national security, the security of national critical infrastructure, public health or safety, or for reasons of confidentiality or operating and business secrets.

2. In addition to the minimum information referred to in paragraph 1, first subparagraph, Member States may require information on existing physical infrastructure such as information on the occupation level of the physical infrastructure.

3. Network operators and public sector bodies shall make available at least the minimum information referred to in paragraph 1 and, where applicable, the additional information referred to in paragraph 2 via a single information point and in electronic format, and shall promptly make available any update to that information. In the event that network operators or public sector bodies do not comply with this paragraph, the competent authorities may request the missing information referred in paragraph 1 be made available in electronic format via a single information point, within 10 working days of the date of receipt of such request, without prejudice to the possibility for Member States to impose penalties on network operators and public sector bodies owning or controlling physical infrastructure for not complying with that obligation.

4. For a transitional period of the shortest time possible and of no longer than twelve months, Member States may exempt municipalities with fewer than 3 500 inhabitants from the obligation referred to in paragraph 3. Member States shall set out a roadmap with deadlines for making minimum information referred to in paragraph 1 available via a single information point in electronic format. Those exceptions and the roadmaps shall be published via a single information point. During that transitional period, those municipalities shall ensure that the available information is accessible to operators.

5. Network operators and public sector bodies shall meet reasonable requests for on-site surveys of specific elements of their physical infrastructure upon specific written request of an operator. Such requests shall specify the elements of the physical infrastructure concerned with a view to deploying elements of VHCNs or associated facilities. On-site surveys of the specified elements of the physical infrastructure shall be granted under proportionate, non-discriminatory and transparent terms within one month of the date of receipt of the request, subject to the limitations set out in paragraph 1, fourth subparagraph. Member States may specify detailed requirements relating to the administrative aspects of the requests.

6. Member States may identify, based on duly justified and proportionate reasons, the national critical infrastructure as defined in national law, or parts thereof, that shall not be subject to the obligations laid down in paragraphs 1, 3 and 5.

7. Paragraphs 1, 3 and 5 shall not apply where:

(a) physical infrastructure is not technically suitable for the deployment of VHCNs or associated facilities’;

(b) the obligation to provide information about certain existing types of physical infrastructure pursuant to paragraph 1, first subparagraph, would be disproportionate, on the basis of a cost-benefit analysis conducted by Member States and a consultation with stakeholders; or (c) physical infrastructure is not subject to access obligations in accordance with Article 3(10). The justification, criteria and conditions for applying any such exceptions shall be published via a single information point and notified to the Commission.

8. Operators that obtain access to information pursuant to this Article shall take appropriate measures to ensure respect for confidentiality as well as operating and business secrets. To that end, they shall keep the information confidential and use it only for the purpose of deploying their networks.