(1) Owners or operators of public telecommunications networks may apply to owners or operators of other physical infrastructure, for purposes of the construction or connection of small-area wireless access points, for the provision of information on the other physical infrastructure. The application must state the area that is to be connected with small-area wireless access points.
(2) Owners or operators of other physical infrastructure must provide applicants under subsection (1) with the requested information within two months of the date of receipt of the application. Provision is made on proportionate, non-discriminatory, and transparent terms.
(3) The information on other physical infrastructure under subsection (2) must contain at least the following particulars:
1. the geographic location of the site and any telecommunications lines to be constructed or already existing,
2. the type and current use of the other physical infrastructure, and
3. the contact details of one or more contact persons at the owner or operator of the other physical infrastructure.
(4) The application under subsection (1) may be refused, in whole or in part, insofar as there are concrete indications that
1. providing the information would endanger the security or integrity of the other physical infrastructure, public safety, or public health;
2. providing the information would infringe confidentiality under section 148;
3. providing the information would endanger the integrity or security of already existing other physical infrastructure, in particular national critical facilities demonstrably in particular need of protection, and the operator cannot enable the shared use, by proportionate measures, within the protective duties imposed on it by or under a law; or
4. a ground for refusal of shared use under section 154(4) exists.
(5) Where information applied for under subsection (1) is already provided by the Central Information Office of the Federation under section 78(1), point 1, a notice to the applicant that the information can be viewed under subsection (6) suffices in place of provision of the information by the owner or operator of the other physical infrastructure. The owner or operator of the other physical infrastructure may make this information available to the Central Information Office of the Federation, for provision under section 78(1), point 1, within the conditions laid down for this purpose by it.
(6) The Central Information Office of the Federation makes the information received under subsection (5), second sentence, accessible without delay to:
1. owners or operators of public telecommunications networks,
2. the Federal Ministry for Digital Affairs and State Modernisation, and
3. the regional and local authorities of the Länder and the municipalities. Access is provided electronically, on proportionate, non-discriminatory, and transparent terms. Further details are regulated by the Central Information Office of the Federation in conditions for access, which require the prior approval of the Federal Ministry for Digital Affairs and State Modernisation. The conditions for access must, in particular, have regard to the sensitivity of the data recorded and the expected administrative burden.
(7) The Central Information Office of the Federation may also use the information received under subsection (5), second sentence, for providing an area-based overview under section 79(1), point 1.
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Part 8 · Rights of Way and Shared Use › Division 3 · Small-Area Wireless Access Points, Other Physical Infrastructure, and Open Network Access › Section 153
Information on other physical infrastructure for small-area wireless access points
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