S.L. 399.48 Art. 49Access to in- building physical infrastructure. Cap. 81. Cap. 81.

(1) In this regulation the words "rights holder" means the holder of a right to use an access point or the in-building physical infrastructure.

(2) The provisions of article 2 of the Utilities and Services (Regulation of Certain Works) Act shall, unless provided otherwise, apply with regard to the provisions of this regulation.

(3) The rights holder shall meet all reasonable requests for access from public electronic communications network operators under fair and non-discriminatory terms and conditions.

(4) The rights holder shall not, in relation to the use of, and access to, the access point or in-building physical infrastructure by a public electronic communications network operator impose any rent or other charges, however so described, on the public electronic communications network operator: Provided that where the rights holder incurs any reasonable cost in providing access to the public electronic communications network operator to carry out works related to the deployment, maintenance and repair of its network, the rights holder may recover such cost from the public electronic communication network operator on a cost-recovery basis.

(5) A public electronic communications network operator has the right:

(a) to roll out its network at its own costs up to the access point; and

(b) to access any existing in-building physical infrastructure with a view to deploying a high-speed electronic communications network if duplication is technically impossible or economically inefficient:

Provided that if access referred to in paragraphs (a) or (b) is not achieved within two months from the date of receipt of a formal written request for access, then an aggrieved party may refer the dispute to the Dispute Resolution Board in order to assess compliance with the requirements provided within the aforesaid paragraphs.

(6) The Dispute Resolution Board shall in determining any dispute referred to it in accordance with this regulation, take full account of the principle of proportionality, issue a binding decision to resolve the dispute raised within the shortest possible time frame and in any case within two months from the date of the receipt of the complete request, except in exceptional circumstances in accordance with article 32 of the Utilities and Services (Regulation of Certain Works) Act.

(7) The Authority may, after having consulted with any other utility regulatoras the case may be and with any such other public sector body as it may consider necessary in the circumstances, provide for exemptions from the rights provided for in sub-regulation (5) for buildings where access to an existing network that terminates at the location of the end-user and that is suitable for the provision of high-speed electronic communications services, is ensured on objective, transparent, proportionate and non-discriminatory terms and conditions.

(8) In the absence of available high-speed-ready in-building infrastructure, a public electronic communications network operator may terminate its network at the premises of the end-user without prejudice to the agreement of the end-user, provided that it minimizes the impact on the private property of third parties, and does so at its own cost.

(9) The provisions of this regulation are without prejudice to AND SERVICES (GENERAL)

the right to property of the owner of the access point or the in-building physical infrastructure, in cases where the holder of a right to use that infrastructure or access point is not the owner thereof, and to the right to property of other third parties such as landowners and building owners.

(10) A person suffering damages as a result of the exercise of the rights under this regulation shall be entitled to adequate financial compensation in accordance with applicable national legislation.