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Rights of way
Communication network providers need to dig up streets to lay cables, put up masts and antennae and install a range of different infrastructure so they can do business. In order to ensure a level playing field, it is essential that all providers receive equal treatment when applying for rights of way for such equipment.
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The regulatory framework requires public authorities to consider without delay any requests by communications network providers for rights to install facilities on public (and, in the case of public networks, private) land or buildings. Applications must be reviewed on the basis of transparent, non-discriminatory and publicly available procedures, although differentiated treatment for providers of public and non-public networks is permitted. A decision should be made within six months of the application (except in cases of expropriation).
Where local authorities have control or ownership of a network or service provider, they are obliged to separate these activities structurally and effectively from their functions as authority responsible for assigning rights to install facilities. This is necessary to ensure the independence of the competent authority not only at national but also at local levels of government.
Co-location and facility sharing
Digging up roads to lay cables can inconvenience the public, while installing masts or antennae may distort the landscape. Therefore, authorities may restrict rights to install facilities on grounds of environmental protection, public health or town and country planning. If, as a result of these restrictions, providers are deprived of possibilities to roll out infrastructure, Member States may impose obligations on operators who already have facilities installed to share these facilities or the location of the facilities with newcomers.