On-site inspection of passive network infrastructure

(1) Owners or operators of public telecommunications networks may apply to owners or operators of public utility networks for an on-site inspection of the passive network infrastructure. The application must indicate which network components are affected by the deployment of very high capacity networks.
(2) Owners or operators of public utility networks must comply with reasonable applications under subsection (1) within one month of the date of receipt of the application. An application is reasonable, in particular, where the inspection is necessary for shared use of passive network infrastructure or for the coordination of civil works.
(3) The application under subsection (1) may be refused, in whole or in part, insofar as there are concrete indications that
1. an on-site inspection would endanger the security or integrity of the public utility networks, or public safety or public health;
2. the on-site inspection 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 carrying out the on-site inspection, 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), or for coordination of civil works under section 143(4), exists, or coordination of civil works is unreasonable.
(4) Access is to be granted on proportionate, non-discriminatory, and transparent terms. The particular safety requirements of the public utility network concerned are to be observed in doing so.
(5) The applicant bears the necessary and reasonable costs of the on-site inspection. These include, in particular, the costs of preparing, securing, and carrying out the on-site inspection.