Shared use and right of way

(1) Owners or operators of public utility networks may offer their passive network infrastructure to owners or operators of public telecommunications networks for shared use for the deployment of very high capacity networks. Owners or operators of public telecommunications networks may offer their passive network infrastructure to owners or operators of other public utility networks for shared use for their network deployment.
(2) Insofar as exercise of the right of use under section 125 for laying further telecommunications lines is not possible, or is possible only at disproportionately high expense, other passive network infrastructure of public utility network operators may be put to shared use under the conditions of sections 138, 139, and 141. This applies irrespective of whether the telecommunications line can be used for the deployment of a very high capacity network.
(3) Insofar as the right of use under section 125 for laying further telecommunications lines does not apply to railway infrastructure, and the railway infrastructure does not constitute passive network infrastructure, parts of the railway infrastructure may be put to shared use under sections 138, 139, and 141. Sections 79, 82, 136, and 137 apply correspondingly.
(4) Where exercise of the right of use under section 125 for laying further telecommunications lines impairs interests of environmental protection, public health and safety, or urban and regional planning, the Federal Network Agency may, after hearing the circles concerned, order the shared use and joint accommodation (collocation) of the associated facilities and the telecommunications lines, to the extent considered necessary for the interests affected. The measures taken must be objective, transparent, non-discriminatory, and proportionate. The Federal Network Agency lays down rules for apportioning the costs of shared use of telecommunications lines and associated facilities.