reg 9 Coordination with civil works funded from public funds
(1) If an infrastructure operator is carrying out, or proposes to carry out, civil works, a network provider may make a request to that operator to coordinate with those works, civil works that the provider proposes to carry out provided— (a) the request is in writing; (b) the request is made with a view to deploying elements of a high-speed electronic communications network; and (c) the works being carried out by the infrastructure operator are funded wholly or partly from public funds. (2) Subject to paragraphs (3) and (4) and regulation 10(1) (national security), the infrastructure operator must, within a period of one month beginning with the date of receipt of the request, agree to coordinate the works on proportionate, non-discriminatory and transparent terms. (3) The infrastructure operator may refuse to coordinate the works if, or to the extent, the operator's works are of a description set out in Schedule 2. (4) The infrastructure operator may refuse to coordinate the works if, or to the extent— (a) the request has not been made promptly and in any event at least one month before the date of the final submission of the infrastructure operator's project to the relevant permit granting authority for a permit to carry out the works to which the provider's request relates; (b) coordination would give rise to any additional costs to the infrastructure operator (including costs occasioned by any delay that would be caused by coordination of the works); or (c) coordination would materially impede the infrastructure operator's control over its works. (5) 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 (but regulation 10(8) applies to the extent the refusal is on national security grounds).