Subsequent special installations

(1) Subsequent special installations are, as far as possible, to be constructed so that they do not disruptively affect existing telecommunications lines.
(2) The holder or operator of a subsequent special installation may require the holder of the right of use to relocate or alter a telecommunications line at the latter's expense, where 1. without the relocation or alteration, construction of the subsequent special installation would have to be foregone or would be materially impeded, 2. construction of the subsequent special installation is to be carried out wholly or predominantly by the parties responsible for the upkeep of the way, or with their predominant participation, for reasons of public interest, in particular for reasons of the national economy or traffic considerations, and 3. the costs to the holder of the right of use are not disproportionate. Where only the conditions under the first sentence, points 1 and 2, are satisfied, a relocation or alteration may also be required where the holder or operator of the subsequent special installation partially reimburses the costs, so that the costs to be borne by the holder of the right of use are proportionate.
(3) Where the already existing telecommunications line must be furnished with protective measures on account of a subsequent special installation, the resulting costs are to be borne by the holder of the right of use.
(4) Where a party responsible for upkeep transfers its share to a third party not responsible for upkeep, the holder of the right of use is to be reimbursed for the costs arising from the relocation or alteration, or from the provision of the protective measures, insofar as they fall upon that party's share.
(5) The undertakers of special installations other than those referred to in subsection (2) bear the costs arising from the relocation or alteration of existing telecommunications lines, or from the provision of the necessary protective measures.
(6) Subsections (1) to (5) apply correspondingly to subsequent alterations of existing special installations.