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Notice On The Coordinated Use Of Network Elements In The Electronic Communications Networks And Associated Facilities, And Electrical Wiring In Buildings

Original Language Title: Bekendtgørelse om koordineret anvendelse af netelementer i elektroniske kommunikationsnet og tilhørende faciliteter samt ledningsnet i bygninger

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Table of Contents

Chapter 1 Scope and scope

Chapter 2 Terms and Conditions for the dimension and location of the network elements and so on

Chapter 3 Coordinated use of netels and associated facilities

Chapter 4 Coordinated use of wiring in buildings

Chapter 5 Construction technical statements, etc.

Publication of the coordinated use of network elements in electronic communications networks and associated facilities and wiring in buildings 1)

In accordance with section 58 (2), Paragraph 1 and 4 as well as section 59 (4), One and three, in the law. 169 of 3. March 2011 on electronic communications networks and services shall be :

Chapter 1

Scope and scope

§ 1. The purpose of the notice is based on the environment, public health, public safety or the plan to provide access to the coordinated use of network equipment in electronic communications networks and associated facilities, and wiring in buildings.

§ 2. The announcement shall apply to the providers of electronic communications networks and to owners or holders of the on-call network in buildings.

Paragraph 2. The publication shall not apply to networks of electronic communications networks and associated facilities where joint exploitation is regulated by law on establishment and joint exploitation of the master for radio communication purposes, etc., cf. Ibk. no. 681 of 23. June 2004.

Definitions

§ 3. Coordinated use shall mean the consenting of concoction and joint exploitation.

Paragraph 2. The associated features shall be understood in this publication, buildings, wells, street closets and other facilities associated with an electronic communications network, cf. § 42, paragraph. 1, no. Six, in law number. 109 of 3. March 2011 on electronic communications networks and services.

Paragraph 3. For the purpose of this notice, the notice shall mean any type of wiring suitable for the transmission of electronic communications in a building. A building's wiring begins at the first crossword or first distributor that separates a building's internal wiring from the public network or supply source from which it shall be derived.

Paragraph 4. To the extent that this notice refers to concepts that are defined in the Act on electronic communications networks and services, refer to the definitions laid down in the law.

Chapter 2

Terms and Conditions for the dimension and location of the network elements and so on

§ 4. A road, landing zone, construction or conservation authority may, in connection with the issue of a construction or claim, for the use of new establishment or modification of electronic communications networks and associated facilities to the applicant, the overall dimension and location of the network of electronic communications networks and associated facilities with a view to making subsequent coordinated use possible in accordance with section 5 (5). 1.

Paragraph 2. Conditions may be laid down in accordance with paragraph 1. 1 in cases where there are no technical obstacles to subsequent coordinated use, cf. Section 5 (5). 3.

Chapter 3

Coordinated use of netels and associated facilities

§ 5. A path, landing zone, construction or conservation authority may, in connection with a dismissal of an application for construction or claim, in connection with the establishment or modification of electronic communications networks or associated facilities based on the Section 1 (1). 1, the account shall be given to providers who own electronic communications networks to provide the applicant with access to the coordinated use of existing networks of electronic communications networks and associated facilities, cf. however, paragraph 1 Two and three.

Paragraph 2. Paragraph 1 shall not apply where coordinated use requires the extension or whole or partial replacement of the network element or associated facility.

Paragraph 3. Paragraph 1 shall not apply where there are technical obstacles which significantly restrict the coordinated use of the network or associated facility.

Paragraph 4. To the extent to which, in or pursuant to other legislation, special safety notices have been laid down for the network or associated facility, shall be coordinated in accordance with the conditions and limits resulting from it.

Paragraph 5. The product acceptance of the operations and maintenance of the coordinated used network or associated facility is carried out by the supplier who owns the network item, unless the parties agree otherwise.

§ 6. Owners who own electronic communications networks and in accordance with section 5 (5). 1 have been invited to provide access to the coordinated use of network networks in electronic communications networks and associated facilities, having a duty to negotiate agreements on terms and conditions and price for the tender access with the applicant, cf. Section 5 (5). 1.

Paragraph 2. Agreements in accordance with paragraph 1. 1 shall be concluded on commercial terms.

§ 7. In cases where there are negotiations, cf. Section 6 (2). 1, unable to reach agreement between the parties on terms and charges for the tendered coordinated use, each party shall appoint an arbitrator which, together, lays down conditions and charges on the basis of a proposal from the authority which has been required to coordinate ; use, cf. Section 5 (5). 1. The price of the tendered coordinated application shall be determined in such a way as to cover the costs of access, including the coverage of an appropriate part of the operating and maintenance costs and a share of the operational economics ; the cost of reduced costs, in addition to a reasonable profit. In the calculation of costs and profits, the principles set out in Title IV of the Act on electronic communications networks and services shall be based on the principles set out in Title IV.

Paragraph 2. If no agreement can be reached between the arbitrators, cf. paragraph 1, a decision on terms and charges for the coordinated use of the tendering procedure shall be decided by a man appointed by the President of the court under the rule of law, under the rule of law, in accordance with the rule of law, in accordance with the rule of law. Ibk. no. 1237 of 26. In October 2010, the jurisdiction is for the cause. The man ' s decision shall be taken on the same basis as laid down in paragraph 1. 1.

Chapter 4

Coordinated use of wiring in buildings

§ 8. The building or conservation authority may be based on the conditions laid down in section 1 (2). 1, the considerations referred to shall be made out to owners or holders of the raw material for the wiring in buildings to grant the applicant, access to an existing wiring in a building, cf. however, paragraph 1 Two and three.

Paragraph 2. Paragraph 1 shall not apply where coordinated use requires the extension or whole or partial replacement of the wiring in question.

Paragraph 3. Paragraph 1 shall not apply where there are technical obstacles which significantly restrict the coordinated use of the wiring in question.

Paragraph 4. To the extent that, in or pursuant to other legislation, specific safety requirements for the wiring concerned shall be used in a coordinated manner to the conditions and limits resulting from them.

Paragraph 5. The use of the operation and maintenance of the wiring provided for in accordance with paragraph 1. 1, by the owner or holder of the on-line distribution network, unless the parties agree otherwise.

§ 9. Owners or holders of the raw material for wiring in buildings, as provided for in section 8 (2). 1, has been required to provide access to the coordinated use of wiring in buildings, having a duty to negotiate agreements on terms and charges for the tendered coordinated use with the applicant, cf. § 8 (3) 1.

Paragraph 2. Agreements in accordance with paragraph 1. 1 shall be concluded on commercial terms.

§ 10. In cases where there are negotiations, cf. Section 9 (1). 1, unable to reach agreement between the parties on terms and charges for the tendered coordinated use, each of the Parties shall appoint an arbitrator, which shall lay down conditions and charges on the basis of a proposal from the authority which has been granted access, cf. § 8 (3) 1. The price of access shall be fixed in such a way that it covers the costs incurred by the intended use, including the coverage of a suitable part of the operating and maintenance costs and a share of the business economy ; the cost of reduced costs, in addition to a reasonable profit. In the calculation of costs and profits, the principles set out in Title IV of the Act on electronic communications networks and services shall be based on the principles set out in Title IV.

Paragraph 2. If no agreement can be reached between the arbitrators, cf. paragraph 1, a decision on terms and charges for the coordinated use of the tendering procedure shall be decided by a man appointed by the President of the court under the rule of law, under the rule of law, in accordance with the rule of law, in accordance with the rule of law. Ibk. no. 1237 of 26. In October 2010, the jurisdiction is for the cause. The man ' s decision shall be taken on the same basis as laid down in paragraph 1. 1.

§ 11. The rules laid down in this Chapter shall apply only where it is unprofitable or where it is not practicable to have a new functional equivalent wiring.

Paragraph 2. Installations of a wiring shall be unclean, cf. paragraph 1 if the yield of the investment in a new wiring does not cover the costs associated with the addendum of a reasonable amount of capital invested.

Chapter 5

Construction technical statements, etc.

§ 12. Destrides by either party or both of the parties, that the coordinated use of network equipment in electronic communications networks and associated facilities or wiring in buildings constructs may be possible, may the relevant route, land zone, the building or conservation authority, before a decision is taken in accordance with section 5 (5). Paragraph 1 and Article 8 (1). 1, obtain an advisory building technical opinion from a building expert on the possibility of coordinated use of network equipment in electronic communications networks and associated facilities or of wiring in buildings. The authority shall bear any costs involved.

Paragraph 2. The one that disputes that the coordinated use of network elements in electronic communications networks and associated facilities or wiring in buildings may be possible by the relevant route, landzone, construction or conservation authority ; shall be charged to cover the costs incurred by the conception of the technical opinion, cf. paragraph 1, if the opinion states that the coordinated use of network elements in electronic communications networks and associated facilities or wiring in buildings constructs is possible.

§ 13. Constrived by one or both of the parties, the coordinated use of network equipment in electronic communications networks and associated facilities because of teletechnical limitations, such as electromagnetic interference, is suitable for use ; in writing.-(DA) Coordinated use may, the relevant route, landing zone, construction or conservation authority, obtain an advisory teletechnical opinion from the IT and Telecommunications Management Board. The opinion shall be obtained before a decision is taken in accordance with section 5 (5). 1.

§ 14. The relevant route, landing zone, construction or conservation authority may, by the parties, require all information and material deemed necessary for the purposes of the administration of this notice.

Paragraph 2. The Agency for IT and Telecom may, by the parties, require all information and material which is deemed necessary for the preparation of teletechnical opinions after paragraph 13.

§ 15. The appropriate route, landing zone, construction or conservation authority may impose on one or more of the parties in a case of the coordinated use of network equipment in electronic communications networks and associated facilities or wiring in buildings ; periodic penalties for enforcing

1) the fall in accordance with section 5 (3). Paragraph 1 and Article 8 (1). 1,

2) compliance with terms and conditions issued in accordance with section 4 (4). 1, and

3) the submission of information after Section 14.

§ 16. The announcement will enter into force on the 25th. May 2011.

The Ministry of Science, Technologies and Development, the 21st. April 2011

Charlotte Sahl-Madsen

/ Jakob Juul

Official notes

1) The commotion contains provisions that implement parts of Directive 2002 /21/EC of the European Parliament and of the Council of 7. March 2002 on the common framework for electronic communications networks and services (Framework Directive) (Framework Directive) (EC Official Journal of 2002) (EC Official Journal). L108's. Directive 33) as amended by Directive 2009 /140/EC of the European Parliament and of the Council of 25. November 2009 amending Directive 2002 /21/EC on the common framework rules for electronic communications networks and services.