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The Communications (Access to Infrastructure) Regulations 2016

The Communications (Access to Infrastructure) Regulations 2016 reg 7

reg 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).

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