Shared use of other physical infrastructure for small-area wireless access points

(1) Owners or operators of public telecommunications networks may apply to owners or operators of other physical infrastructure for shared use for the construction or connection of small-area wireless access points. The application must contain the following particulars: 1. a detailed description of the project and of the components of the other physical infrastructure 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 small-area wireless access points, and their intended transmission power.
(2) Owners or operators of other physical infrastructure must submit an offer to applicants under subsection (1), within two months of receipt of the application, for shared use for the construction or connection of small-area wireless access points. The offer for shared use must contain, in particular: 1. fair and reasonable, transparent, and non-discriminatory terms for the shared use, in particular as to the price, 2. the manner of implementation and the timing of provision, and 3. the responsibilities, including the possibility of engaging third parties. The offer may contain special agreements on liability 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) Where the owner or operator of the other physical infrastructure does not submit an offer for shared use, it must, within the period referred to in subsection (2), first sentence, demonstrate to the applicant that objective, transparent, and proportionate reasons preclude shared use. The application for shared use may be refused only where one of the following grounds exists: 1. the other physical infrastructure lacks the technical or structural suitability for the intended construction or connection of the small-area wireless access point; 2. there is a lack of space, at the time of receipt of the application, for the intended construction or connection of the small-area wireless access point; 3. concrete indications that the shared use applied for endangers public safety, whereby concrete indications are to be assumed insofar as parts of other physical infrastructure are affected that are used by the Federation to achieve secure communication by public authorities; 4. concrete indications that the shared use applied for endangers 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 5. the availability of viable alternatives to the shared use of other physical infrastructure applied for, insofar as the owner or operator of the other physical infrastructure offers these alternatives, they are suitable for the construction or connection of small-area wireless access points, and the shared use is granted on fair and reasonable terms.
(5) Owners or operators of other physical infrastructure must notify contracts on shared use to the Federal Network Agency within two months of their conclusion.