Information on passive network infrastructure

(1) Owners or operators of public telecommunications networks may apply to owners or operators of public utility networks, for purposes of the deployment of very high capacity networks, for the provision of information on the passive network infrastructure of their public utility networks. The application must state the area that is to be connected with very high capacity networks.
(2) Owners or operators of public utility networks provide applicants under subsection (1) with the requested information within two months of the date of receipt of the application. Provision is made on proportionate, non-discriminatory, and transparent terms.
(3) The information on passive network infrastructure of public utility networks under subsection (2) must contain at least the following particulars: 1. the geographic location of the site and the line routes of the passive network infrastructure, 2. the type and current use of the passive network infrastructure, and 3. the contact details of one or more contact persons at the owner or operator of the public utility network.
(4) The application under subsection (1) may be refused, in whole or in part, insofar as there are concrete indications that 1. providing the information would endanger the security or integrity of the utility networks, public safety, or public health; 2. providing the information would infringe confidentiality under section 148; 3. the application concerns parts of a critical facility, in particular its information technology, that is demonstrably particularly sensitive and material to the functioning of critical facilities, and the operator of the public utility network would have to take disproportionate measures, in providing the information, to fulfil the protective duties imposed on it by or under a law; or 4. a ground for refusal of shared use under section 141(2) exists.
(5) Where information applied for under subsection (1) is already provided by the Central Information Office of the Federation under section 78(1), point 1, a notice to the applicant that the information can be viewed under subsection (6) suffices in place of provision of the information by the owner or operator of the public utility network. The owner or operator of the public utility network may make the information on the passive network infrastructure of its utility network available to the Central Information Office of the Federation, for provision under section 78(1), point 1, within the conditions laid down for this purpose by the Central Information Office of the Federation.
(6) The Central Information Office of the Federation makes the information received under subsection (5), second sentence, accessible without delay to: 1. owners or operators of public telecommunications networks, 2. the Federal Ministry for Digital Affairs and State Modernisation, and 3. the regional and local authorities of the Länder and the municipalities. Access is provided electronically, on proportionate, non-discriminatory, and transparent terms. Further details are regulated by the Central Information Office of the Federation in conditions for access, which must, in particular, have regard to the sensitivity of the data recorded and the expected administrative burden.
(7) The Central Information Office of the Federation may also use the information received under subsection (5), second sentence, for providing an area-based overview under section 79(1), point 1.