The Communications (Access to Infrastructure) Regulations 2016

Surveys of physical infrastructure

5.—(1) A network provider may make a request to an infrastructure operator for an on-site survey of elements of the operator’s physical infrastructure provided the request—

(a) is in writing;

(b) specifies the elements of the operator’s infrastructure to which the request relates; and

(c) is made with a view to deploying elements of a high-speed electronic communications network to which the elements to be surveyed are relevant.

(2) Subject to paragraphs (3) to (5) and regulation 10(1) (national security), the infrastructure operator must, within a period of one month beginning with the date of receipt of the request, agree to grant a survey on proportionate, non-discriminatory and transparent terms.

(3) The infrastructure operator may refuse to grant a survey if, or to the extent, the relevant infrastructure is of a description set out in Schedule 1.

(4) The infrastructure operator may refuse to grant a survey if, or to the extent, compliance would, or would be likely to, prejudice—

(a) the security or integrity of any network;

(b) a duty of confidentiality owed by the infrastructure operator to another person;

(c) operating or business secrets of any person; or

(d) safety or public health.

(5) Without prejudice to paragraphs (3) and (4), the infrastructure operator may refuse to grant a survey if, or to the extent, the request cannot reasonably be met.

(6) If the infrastructure operator refuses to any extent a request, it must, within the time for complying with paragraph (2), give the network provider a notice which—

(a) indicates that the request has been refused or sets out the extent of the refusal; and

(b) provides the grounds for refusing and the reasons those grounds apply.

(7) The grounds and reasons need not be given to the extent giving them would, or would be likely to, prejudice those grounds or reasons (but regulation 10(8) applies to the extent the refusal is on national security grounds).