Open network access to publicly funded telecommunications networks and telecommunications lines; binding nature of deployment commitments in funding

(1) Operators or owners of public telecommunications networks must, on application, grant other operators of public telecommunications networks non-discriminatory, open network access to publicly funded telecommunications lines or telecommunications networks on fair and reasonable terms.
(2) In the case of publicly funded construction measures, all infrastructure laid is deemed funded within the meaning of subsection (1). This does not apply to infrastructure additionally introduced in the course of the publicly funded construction measure that the funding recipient or a third party has laid at its own expense in each case.
(3) Owners or operators of public telecommunications networks must notify contracts on open network access within the meaning of subsection (1) to the Federal Network Agency within two months of their conclusion.
(4) The Federal Network Agency publishes, in agreement with the Federal Ministry for Digital Affairs and State Modernisation, principles on the type, scope, and conditions of open network access under subsection (1). In doing so, it has regard to the provisions of Union law on state aid in connection with rapid broadband deployment, as amended from time to time.
(5) Bodies issuing guidelines for the public funding of telecommunications lines or telecommunications networks may provide, in the relevant funding guideline, that notifications by undertakings in a market survey procedure are taken into account only insofar as the undertaking contractually commits, to the regional or local authority or the grantor conducting or having commissioned the procedure, to carry out the notified deployment. The market survey procedure is conducted by a regional or local authority, or on behalf of a regional or local authority, by a grantor, or on behalf of a grantor, with the aim of ensuring the deployment of telecommunications lines or telecommunications networks in a defined area within a specific period.