Information on civil works on public utility networks

(1) Owners or operators of public telecommunications networks may apply to owners or operators of public utility networks for the provision of information on planned or ongoing civil works on public utility networks, in order to examine coordination of these civil works with civil works for the deployment of very high capacity networks. The application must indicate the area in which installation of components of very high capacity networks is envisaged.
(2) Owners or operators of public utility networks provide applicants under subsection (1) with the requested information within two weeks of the date of receipt of the application. Provision is made on proportionate, non-discriminatory, and transparent terms.
(3) The information must contain the following particulars on ongoing and planned civil works on passive network infrastructure of public utility networks for which an authorisation has already been granted, or an authorisation procedure is pending:
1. the geographic location of the site and the type of civil works,
2. the network components affected,
3. the estimated start and planned duration of the civil works, and
4. the contact details of one or more contact persons of the owner or operator of the public utility network. Where an application for authorisation of the civil works is envisaged within six months of receipt of the application for provision of the information, the information under subsections (2) and (3) must also be provided for these civil works.
(4) The application under subsection (1) may be refused, in whole or in part, insofar as there are concrete indications that
1. the security or integrity of the utility networks, or public safety or public health, would be endangered by providing the information;
2. confidentiality under section 148 would be infringed by providing the information;
3. the civil works concerned have an initially planned duration not exceeding eight weeks;
4. 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;
5. coordination of civil works is unreasonable; or
6. a ground for refusal of coordination of civil works under section 143(4) exists.
(5) In place of providing the information, a reference to a publication already made suffices where
1. the building owner has already itself made the requested information electronically publicly accessible, or
2. access to this information is already ensured via the Central Information Office of the Federation under section 78(1), point 4.
(6) The information is also to be transmitted to the Central Information Office of the Federation within the period referred to in subsection (2). It makes this information accessible, in a suitable form, to other interested parties who have a legitimate interest in inspecting it. Further details are regulated by the Central Information Office of the Federation's conditions for access.