In-building network infrastructure

(1) Operators of public telecommunications networks may terminate their public telecommunications network within the end user's premises. Such termination is permitted only where the end user consents and interference with third parties' property rights is kept to the minimum possible extent. The laying of new network infrastructure is permitted only insofar as no use of existing network infrastructure under subsections (2) and (3) is possible, by which the operator could provide its telecommunications service to the end user without a perceptible loss of quality. Insofar as necessary for network termination, the building owner is obliged, on application, to enable the telecommunications network operator to connect active network components to the electricity network. The telecommunications network operator bears the costs arising from connecting active network components to the electricity network.
(2) Owners or operators of public telecommunications networks may, in order to terminate their network within the end user's premises, apply to owners or operators of in-building components of public telecommunications networks, or to owners of cabling and associated facilities in buildings at the end user's location, for shared use of the in-building network infrastructure. Where the first concentration or distribution point of a public telecommunications network lies outside the building, subsection (1) applies correspondingly from that point.
(3) A person who has network infrastructure in buildings, or up to the first concentration or distribution point of a public telecommunications network, must grant all reasonable applications for shared use under subsection (2) on fair and non-discriminatory terms, including the charges for shared use, where duplication of the network infrastructure is technically impossible or economically inefficient.
(4) Newly constructed buildings that are to have connections for end users of telecommunications services must be equipped, within the building, up to the network termination points, with suitable passive network infrastructure for very high capacity networks, and with an access point to these passive in-building network components.
(5) Buildings undergoing major renovation that are to have connections for end users of telecommunications services must be equipped, within the building, up to the network termination points, with passive network infrastructure for very high capacity networks, and with an access point to these passive in-building network components.
(6) Single-family houses, listed monuments, holiday homes, military buildings, and buildings used for national security purposes do not fall under subsections (4) and (5).
(7) The competent authorities must monitor compliance with the requirements laid down under subsections (4) to (6). Insofar as use has been made of the power to issue a statutory instrument under section 151(4), they have regard, in doing so, to the exemptions laid down in the statutory instrument.
(8) Subsections (2) and (3) do not apply insofar as access to the in-building infrastructure to be shared is granted under section 72(6).