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The Communications (Access to Infrastructure) Regulations 2016

The Communications (Access to Infrastructure) Regulations 2016 reg 8

reg 8 Information about civil works

(1) A network provider may make a request to an infrastructure operator for disclosable information concerning civil works relating to the operator's physical infrastructure (including where the works have already commenced) 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 and type of the works; (b) the network elements involved; (c) the start date (which may be an estimated start date) for the works and their duration; and (d) a point of contact for any further requests about the works. (3) Subject to paragraphs (4) to (6) and regulation 10(1) (national security), the infrastructure operator must, within a period of two weeks beginning with the date of receipt of the request, make available on proportionate, non-discriminatory and transparent terms the disclosable information that is requested. (4) The infrastructure operator may refuse to disclose information if, or to the extent, the operator's works are of a description set out in Schedule 2. (5) The infrastructure operator may refuse to disclose information if it is already publicly available. (6) 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. (7) 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. (8) 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). (9) Subject to paragraph (10), the infrastructure operator must make publicly available in electronic form any information made available under paragraph (3). (10) The infrastructure operator need not make publicly available information if doing so would, or would be likely to, prejudice any of the grounds listed in paragraph (6).

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