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The Communications (Access to Infrastructure) Regulations 2016

Consolidated Text As Enacted Cited authorities 47 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2016/700
Year2016
  • These Regulations may be cited as the Communications (Access to Infrastructure) Regulations 2016 and come into force on 31st July 2016.
  • In these Regulations—
    • (1) A requirement on an infrastructure operator or rights holder to provide access to physical infrastructure or in-building physical infrastructure arising under Part 2 is not to be taken to prejudice the property rights of any other person.(2) These Regulations are without prejudice to rights and obligations arising under the electronic communications code (within the meaning of section 106(1) of the 2003 Act) .is in writing;is limited to a specified geographical area; andis made because the provider envisages deploying elements of a high-speed electronic communications network in that area.the location, route, type and current use of the infrastructure; anda 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.the security or integrity of any network;a duty of confidentiality owed by the infrastructure operator to another person;operating or business secrets of any person; orsafety or public health.indicates that the request has been refused or sets out the extent of the refusal; andprovides 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) .is in writing;specifies the elements of the operator's infrastructure to which the request relates; andis made with a view to deploying elements of a high-speed electronic communications network to which the elements to be surveyed are relevant.(2) Subject to paragraphs (3) to (5) 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 grant a survey on proportionate, non-discriminatory and transparent terms.(3) The infrastructure operator may refuse to grant a

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