Shared use of public utility networks

(1) Owners or operators of public telecommunications networks may apply to owners or operators of public utility networks for shared use of the passive network infrastructure of the public utility networks for installing components of very high capacity networks. The application must contain the following particulars: 1. a detailed description of the project and of the components of the public utility network for which shared use is applied for, 2. a precise timetable for implementing the shared use applied for, and 3. the area that is to be connected with very high capacity networks.
(2) Owners or operators of public utility networks must submit an offer to applicants under subsection (1), within two months of receipt of the application, for shared use of their passive network infrastructure for installing components of very high capacity networks. The offer for shared use must contain, in particular: 1. fair and reasonable terms for the shared use, in particular as to the price for provision and use of the utility network and as to the security and contractual penalties to be provided, 2. the operational and organisational implementation of the shared use; implementation comprises the manner of installation of the components of very high capacity networks, the documentation duties, and the timing or period of the civil works, and 3. the responsibilities, including the possibility of engaging third parties. The offer may contain special agreements on liability in installing the network components, and on maintenance, alterations, extensions, relocations, and faults.
(3) Shared use is to be arranged so that it satisfies the requirements of public safety and public health and the recognised rules of technology.
(4) Owners or operators of public utility networks must notify contracts on shared use to the Federal Network Agency within two months of their conclusion.
(5) Owners or operators of public utility networks may publish reference offers for shared use via the Central Information Office of the Federation.