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Part 5 · Information on Infrastructure and Network Deployment › Section 79

Information on infrastructure

(1) Information on infrastructure comprises
1. an area-based overview, serving planning purposes, of facilities that can be used for telecommunications purposes, in accordance with subsections (2) to (4);
2. detailed information under section 136(3) for the shared use of passive network infrastructure of public utility networks under sections 138 to 141, insofar as this information has been made available to the Central Information Office of the Federation under section 136(5) for these purposes; and
3. detailed information under section 153(3) for the shared use of other physical infrastructure for the installation or connection of small-area wireless access points under section 152, insofar as this information has been made available to the Central Information Office of the Federation under section 153(5) for these purposes.
(2) The Central Information Office of the Federation requires owners or operators of public utility networks that have facilities that can be used for telecommunications purposes to provide the information necessary for the purposes under subsection (1), point 1, on the type, current use, and actual availability and geographic location of the site and cable routes of these facilities. The Central Information Office of the Federation requires owners or operators of other physical infrastructure suitable for the installation and connection of small-area wireless access points to provide the information necessary for the purposes under subsection (1), point 1, on the type, current use, and actual availability and geographic location of the site and cable routes of this other physical infrastructure. Facilities under the first sentence include, in particular, all passive network infrastructure and other physical infrastructure.
(3) The Central Information Office of the Federation does not include information received under subsection (2) in the overview under subsection (1), point 1, insofar as there are specific indications that
1. inspection under subsection (4) would endanger the security and integrity of the facility or the other physical infrastructure, or public security or public health;
2. inspection under subsection (4) would infringe confidentiality under section 148;
3. parts of an infrastructure are affected that have been determined, by or under a law, to be critical facilities and are demonstrably particularly sensitive and material to the functioning of critical facilities; or
4. parts of public utility networks or other physical infrastructure are affected that are used by the Federation for the purpose of secure communication by public authorities. In these cases, information within the meaning of section 136(3), point 3, and section 153(3), point 3, is to be included for the respective areas in which the facilities or other physical infrastructure are located.
(4) The Central Information Office of the Federation grants parties involved in the deployment of public utility networks access, in accordance with the conditions for access under subsection (5), to the overview under subsection (1), insofar as the deployment project involves creating facilities that can be used for telecommunications purposes. Parties involved in the deployment of public utility networks include, in particular,
1. regional and local authorities,
2. owners and operators of public utility networks,
3. the contractors of regional and local authorities or of owners and operators of public utility networks. The Federal Ministry for Digital Affairs and State Modernisation, and regional and local authorities, have, for general planning and funding purposes and for the performance of functions under this Act, the right to:
1. access the overview under subsection (1), in accordance with the conditions for access under subsection (5), and
2. use the information accessed for the aforementioned purposes.
(5) The Central Information Office of the Federation regulates the details of access in conditions for access. These must, in particular, have regard to the sensitivity of the data recorded and the expected administrative burden. Persons entitled to access must observe confidentiality under section 148.

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