reg 6 Access to physical infrastructure
(1) A network provider may make a request to an infrastructure operator for access to the operator's physical infrastructure provided the request— (a) is in writing; (b) specifies the infrastructure to which the request relates; (c) is made with a view to deploying elements of a high-speed electronic communications network using that infrastructure; (d) specifies the network elements it proposes to deploy; and (e) specifies the time frame required for deploying those elements. (2) Subject to paragraph (3) 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, agree to provide access on fair and reasonable terms. (3) The infrastructure operator may refuse to provide access if, or to the extent, it considers the request to be unreasonable, based on objective, transparent and proportionate grounds, such as— (a) the technical suitability of the physical infrastructure to host any of the network elements; (b) the availability of space in the physical infrastructure to host the network elements, taking into account the infrastructure operator's sufficiently demonstrated future needs; (c) safety or public health concerns; (d) the security or integrity of any network; (e) the risk that the proposed electronic communications services would seriously interfere with the provision of other services over the physical infrastructure; or (f) the availability of viable alternative means of wholesale access to the physical infrastructure provided by the same infrastructure operator and suitable for the provision of a high-speed electronic communications network, provided that such access is offered on fair and reasonable terms. (4) 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. (5) 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).