Coordination of civil works

(1) Owners or operators of public utility networks may conclude agreements with owners or operators of public telecommunications networks on the coordination of civil works with regard to the deployment of components of very high capacity networks.
(2) Owners or operators of public telecommunications networks may apply to owners or operators of public utility networks for coordination of civil works. The application must specify the type and scope of the civil works to be coordinated and the components of very high capacity networks to be constructed.
(3) Owners or operators of public utility networks that directly or indirectly carry out civil works financed wholly or predominantly from public funds must grant reasonable applications under subsection (2) on transparent and non-discriminatory terms. The applications are, in particular, to be granted where
1. this does not cause additional costs for the originally planned civil works, whereby a minor time delay to the planning and minor additional expenditure for processing the coordination application do not count as additional costs of the originally planned civil works;
2. control over coordination of the works is not impeded;
3. the coordination application is submitted as early as possible, but no later than one month before submission of the final project application to the competent authorisation authority, and concerns civil works with an initially planned duration exceeding eight weeks; and
4. the main purpose of the civil works financed wholly or predominantly from public funds is not impaired. The main purpose is, in particular, not impaired where a planned fibre-optic network, or one under construction, that grants open and non-discriminatory network access, would only be overbuilt to a minor extent as a result.
(4) The application under subsection (2) is, in particular, to be refused, in whole or in part, insofar as
1. 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;
2. the operator of the public utility network would have to take disproportionate measures, in coordinating the civil works, to fulfil the protective duties imposed on it by or under a law; or
3. a planned publicly funded fibre-optic network that provides non-discriminatory, open network access would be overbuilt by the civil works to be coordinated.
(5) Owners or operators of public utility networks must notify coordination agreements to the Federal Network Agency within two months of their conclusion.
(6) The Federal Network Agency publishes principles for how the costs associated with coordination of civil works are to be apportioned to the owner or operator of the public telecommunications network. The Federal Network Agency is bound by the published principles in the course of dispute resolution under section 149.