Fibre provision charge

(1) An operator of a public telecommunications network may, on the basis of a contractual agreement with the owner of the property, levy a provision charge on the owner in accordance with the following subsections, where the operator 1. equips the building, with the property owner's permission, for the first time with a network infrastructure consisting entirely of optical fibre components, 2. connects the network infrastructure under point 1 to a public very high capacity network, and 3. ensures, for the provision period agreed with the property owner, the operational readiness of the network infrastructure under point 1 and of the connection to the public very high capacity network under point 2. The holder of a right equivalent to ownership of land is treated as the owner of a property.
(2) The provision charge may be levied, during the collection period beginning with the installation of the network infrastructure within the building (subsection (1), point 1), in recurring instalments. The provision charge may not exceed EUR 60 per year and, in total (total costs), EUR 540 per dwelling unit. It may be levied for a period of up to five years at most; where that period is insufficient to refinance the total costs, it may be extended to up to nine years at most. Where the total costs exceed EUR 300 (extensive measure), the operator under subsection (1) must state the reasons for this.
(3) In determining the provision charge, the actual costs incurred for installing the network infrastructure within the building (subsection (1), point 1), spread evenly over the years of the collection period, plus a reasonable return on capital employed, may be taken into account; these are the costs of installing the passive network infrastructure and the optical fibre cables within the building. Costs borne by a third party, or covered by grants from public budgets, are to be deducted from the costs under the first sentence.
(4) Every invoice from the operator under subsection (1) to the property owner must state 1. the amount of the provision charge for the billing period; 2. the start and end of the collection period; 3. the total costs; 4. in the case of extensive measures under subsection (2), fourth sentence, a statement of the reasons; and 5. where the network infrastructure within the building (subsection (1), point 1) was installed before 1 December 2021, a) the date of its installation, b) the term of the permission agreement concluded on the occasion of the installation, and c) the date from which the provision charge was first levied.
(5) After expiry of the provision period, the property owner is required to ensure the operational readiness of the network infrastructure within the building (subsection (1), point 1).
(6) The operator under subsection (1) must, for the purpose of supplying end users, grant providers of publicly available telecommunications services, on application, ongoing access to the passive network infrastructure and to the optical fibre cables at the building handover point, on transparent and non-discriminatory terms and free of charge. After the end of the provision period, the obligation under the first sentence falls on the property owner.
(7) The foregoing provisions apply to optical fibre infrastructure installed no later than 31 December 2027. A provision charge may also be levied for infrastructure installed in the period from 1 January 2015 to 1 December 2021, where 1. the conditions of the preceding subsections are satisfied, and 2. the property owner and the operator under subsection (1) concluded, on the occasion of the initial installation of the network infrastructure, a permission agreement that, under its contractual terms, ends no earlier than 1 July 2024. In that case the provision charge is to be reduced in the proportion that the time elapsed since installation of the infrastructure bears to the agreed term of the permission agreement under point 2.