Regulation 7 Access to in-building physical infrastructure

(1)

A network provider may make a request to a rights holder for access to the rights holder's access point or in-building physical infrastructure provided the request—

(a)

is in writing;

(b)

specifies the location to which the request relates; and

(c)

is made with a view to deploying elements of a high-speed electronic communications network using that access point or infrastructure.

(2)

Subject to paragraph (3) and regulation 10(1) (national security), the rights holder must, within a period of two months beginning with the date of receipt of the request, agree to provide access on fair and non-discriminatory terms.

(3)

A rights holder may refuse to provide access if, or to the extent—

(a)

it would be technically possible and economically efficient for the network provider to install additional in-building physical infrastructure; or

(b)

the request cannot reasonably be met.

(4)

If the rights holder 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 (but regulation 10(8) applies to the extent the refusal is on national security grounds).