reg 4 Information about physical infrastructure
(1) A network provider may make a request to an infrastructure operator for disclosable information about the operator's existing physical infrastructure provided the request— (a) is in writing; (b) is limited to a specified geographical area; and (c) is made because the provider envisages deploying elements of a high-speed electronic communications network in that area. (2) “Disclosable information” in paragraph (1) refers to— (a) the location, route, type and current use of the infrastructure; and (b) a point of contact for any further requests about the infrastructure. (3) Subject to paragraphs (4) and (5) and regulation 10(1) (national security), the infrastructure operator must, within a period of two months beginning with the date of receipt of the request, make available, on proportionate, non-discriminatory and transparent terms, the requested disclosable information that it holds. (4) The infrastructure operator may refuse to disclose information if, or to the extent, the relevant infrastructure is of a description set out in Schedule 1. (5) The infrastructure operator may refuse to disclose information 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. (6) If the infrastructure operator refuses to any extent a request, it must, within the time for complying with paragraph (3), 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).