Law on the amendment of the claim for extral access and expropriation etcetera for telecommunications purposes, electronic communications networks and services and competition law 1)

(Common exploitation of passive physical infrastructure, preparation of buildings for high-speed networks requirements for increased non-discrimination in the launch of new or substantially modified retail products, sector-specific merger control and free wifi Tourist purpose, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the Act on excavators and expropriation etcetera for telecommunications purposes, cf. Law Order no. 662 of 10. July 2003, as amended by Section 25 of Law No 1231 of 18. December 2012, the following changes are made :

1. Loven title ITREAS :

' The promise of backhoe access, construction and exploitation of infrastructure for telecommunications purposes and the exploitation of infrastructure across supply sectors, etc. ` ;

2. Foot notation the title shall be replaced by the following :

" 1) The law provides for the implementation of parts of Directive 2002 /21/EC of the European Parliament and of the Council of 7. in March 2002, on the common framework for electronic communications networks and services (Framework Directive), EC Official Journal 2002, In 108, page 33, parts of Directive 2002 /20/EC of the European Parliament and of the Council of 7. in March 2002, on authorisations for electronic communications networks and services (the Authorisation Directive), EC Official Journal 2002, nr. On page 108, page 21, and parts of the European Parliament and Council Directive 2014 /61/EU of 15. May 2014 on measures to reduce the cost of the construction of the high-speed network for electronic communications, EU Official Journal, 2014, nr. L155, page 1. "

3. The following section is inserted :

" Chapter One

Tearing of telekabs on outdoors areas

The degradation of cables and expropriation. `

4. The following section 8 is inserted :

"Digital communications".

5. The following section 8 c is inserted :

"Klageads".

6. The following section 9 is inserted :

' Administrative provisions `.

7. Insert after section 9 :

" Chapter 2

Utilization and establishment of infrastructure

Definitions

§ 9 e. For the purposes of this Chapter, the definitions applicable to electronic communications networks and services shall apply.

Paragraph 2. For the purposes of this Chapter :

1) Passive physical infrastructure : An element in a net that will be housing other elements in a network without even being an active part of the network, such as pipes, master, cabling stations, inspection wells, manholes, homes, buildings, access routes to buildings, antenna, towers and poles etc.

2) Network operator : The provider of electronic communications networks and the one providing passive physical infrastructure that is designed to deliver

a) a service in the case of production, transport or distribution,

i) gas,

(ii) electricity, including public lighting ;

(iii) warming and

(iv) water, including deposit or purification of waste water, and drainage systems ;

b) a transport service, including railways, roads, ports and airports ; or

c) electronic communications services via a public electronic communications network without a self-offering electronic communications network.

3) High-speed network for electronic communications : An electronic communications network that can provide broadband end at a speed of at least 30 Mbit / s.

4) Building internal physical infrastructure : Passive physical infrastructure or installations in the end user's territory, designed to accommodate cabled or wireless electronic communications networks where such electronic communications networks can deliver electronic communications services and link the access point of the building with the netterminating point.

5) High-speed-prepared building internal physical infrastructure : Passive physical infrastructure in buildings designed to accommodate elements or enable the provision of the high-speed network to electronic communications.

6) Bigger renovations : building works on end user space that includes building changes to the entire building's internal physical infrastructure or an essential part of it and which requires building permission under the build code.

7) Access point : A physical point in or outside of the building to which companies providing the public electronic communications network have access to and which the high-speed building physical infrastructure can be plugged.

Common utilization of existing passive physical infrastructure

-9 f. A network operator shall satisfy any reasonable request for access to the existing passive physical infrastructure of the network operator from an electronic communications network for the establishment of the high-speed network of electronic communications networks ; communication and from any other network operator for the establishment of elements of other networks, cf. however, paragraph 1 Six and seven. A request must be made in writing and indicating the elements of the passive physical infrastructure being requested access.

Paragraph 2. A request that is not reasonable may be rejected. This shall be communicated in writing and shall be communicated to the operator requesting access, as soon as possible, and within two months of the date of receipt of the request.

Paragraph 3. Trapps on a request for access to existing passive physical infrastructure, cf. paragraph 1, in writing, shall be notified to the network operator requesting access within two months of the date of receipt of the request. It shall be based on objective, transparent and proportionate criteria, which, among other things, may be ;

1) the technical fitness of the existing passive physical infrastructure, as provided for in the request for access ;

2) available space in the existing passive physical infrastructure that the request for access is concerned,

3) public safety and public health ;

4) network security and integrity,

5) the risk that the planned services will significantly affect the provision of other services located in the same existing passive physical infrastructure ; or

6) the network operator provides access to the physical network infrastructure in the wholesandroid which may be used for the public high-speed network for electronic communications, provided that such access is offered on reasonable terms and conditions and that the request, cf. paragraph 1, for the purpose of establishing elements of the high-speed network for electronic communications.

Paragraph 4. Access to a netoperator's existing passive physical infrastructure, cf. paragraph 1 shall be provided on reasonable terms and conditions, including price.

Paragraph 5. Access, cf. paragraph 1, as requests are received, they are given. Receive multiple requests on the same day, and is limited to limited capacity in the passive physical infrastructure, access is granted after the draw.

Paragraph 6. the provisions of paragraph 1 to 5 shall not apply to a provider of electronic communications networks, provided that a decision has been taken pursuant to Title IV of the Act on electronic communications networks and services or laid down in accordance with Title IV or V in the law ; electronic communications networks and services, which impose obligations on the operator concerned on access to passive physical infrastructure, which go beyond what is provided for in paragraph 1. 1-5.

Paragraph 7. Paragraph 1-5 shall not apply to passive physical infrastructure covered by sections 2 and 3 of the establishment and joint use of the master for radio communication purposes and so on.

Paragraph 8. Paragraph 1-5 shall not apply to passive physical infrastructure intended for the production, transport or distribution of water from water supply systems covered by sections 3 and section 5 (5). 1, in the notification of water quality and supervision of water supply facilities.

§ 9 g. A network operator shall satisfy any reasonable request for access to information on the existing passive physical infrastructure of the network operator from a provider of electronic communications networks for the establishment of the high-speed network elements ; electronic communications and from any other network operator for the establishment of elements of other networks, cf. however, paragraph 1 5. A request must be made in writing and specifying the area where the network operator intends to establish elements of a network.

Paragraph 2. A request that is not reasonable may be rejected. This shall be communicated in writing and shall be communicated to the operator requesting access, as soon as possible, and within two weeks of the date of receipt of the request.

Paragraph 3. Information to be given access to the following paragraph (1). 1, comprises

1) the area and the road to the road and

2) the type and use of the passive physical infrastructure.

Paragraph 4. Access to the information, cf. paragraph 1, within two weeks of receipt of the request for proportional, non-discriminatory and transparent terms, including in respect of any price, shall be given.

Paragraph 5. Whereas the Minister for the Industry and Growth Minister may lay down rules on the restriction of access to information, where necessary for the integrity of network security and the integrity of networks, national security, public health, public safety, confidentiality ; or the operating and business secrets of the operation.

§ 9 h. A network operator shall satisfy any reasonable request for equipment measurements of specified elements of the existing passive physical infrastructure of the network operator from a provider of electronic communications networks for the establishment of : elements of the high-speed network for electronic communications and from any other network operator for the establishment of elements of other networks, cf. however, paragraph 1 4. A request must be made in writing and indicating which elements of the existing passive physical infrastructure are to be measured.

Paragraph 2. A request that is not reasonable may be rejected. This shall be communicated in writing and shall be communicated to the operator requesting access, as soon as possible, and within two weeks of the date of receipt of the request.

Paragraph 3. Access to plant measurements shall be made within two weeks of the receipt of the request for proportional, non-discriminatory and transparent terms, including where a price is possible.

Paragraph 4. The Minister for the Industry and Growth Pact lays down rules on the restriction of the right to carry out equipment measurements when necessary in the area of network security and the integrity of networks, national security, public health, public safety ; confidentiality or operational and business secrets.

Building internal physical infrastructure

9 i. All newly-behaved buildings in an end user ' s territory, as requested by the buildings law following the 31 of the building code. December 2016 must be equipped with a high-speed-prepared internal physical infrastructure, which will reach the netterminating points, cf. however, paragraph 1 4.

Paragraph 2. All newly-behaved multi-family houses, which, according to the structure of the building, have been requested by building permission following the 31. December 2016 must be fitted with an access point, cf. however, paragraph 1 4.

Paragraph 3. Paragrafts 1 and 2 shall apply by analogy to major renovation works which, according to the structure of the building, applications for construction authorisation shall be applied to after the 31. December 2016, cf. however, paragraph 1 4.

Paragraph 4. The Minister for the Industry and Growth Pact may lay down rules on the exception of the types of buildings and the categories of major renovation work from the obligations laid down in paragraph 1. 1-3 in cases where the obligations laid down in paragraph 1 shall be : 1-3 would lead to disproportionate consequences for a developer or where high-speed preparation cannot be considered relevant.

9 j. The proprietors of the right of access to an access point shall satisfy any reasonable request from providers of the public high-speed network to electronic communications on access to a building access point, cf. however, paragraph 1 6. A request must be submitted in writing and specify the access point for which access is requested.

Paragraph 2. Private property owners shall meet any reasonable request from providers of the public high-speed network to electronic communications on access to the establishment of their network up to a building access point, cf. however, paragraph 1 6. A request must be made in writing and indicating which private property is requested to be made available.

Paragraph 3. Requests that are not reasonable can be rejected. Rejection shall be made in writing and shall be notified to the provider requesting access, as soon as possible and within two months of the date of receipt of the request.

Paragraph 4. Access to the access point, cf. paragraph 1, and access to the establishment of the network up to a building access point, cf. paragraph 2, shall be provided on reasonable and non-discriminatory terms and conditions, including in the case of a possible price, and in writing to the provider requesting access within two months of the receipt of the request.

Paragraph 5. Access, cf. paragraph 1, as requests are received, they are given. Receive multiple requests on the same day, and is restricted to restricted capacity, access is granted after lottery.

Paragraph 6. Paraguation 1 and 2 shall not apply in cases where access to an existing network connected to the territory of an end user is suitable for the provision of electronic communications services over the public high-speed network for electronic communications ; where an objective, transparent, proportionate and non-discriminatory conditions and conditions laid down by a decision pursuant to Title IV of the Act on electronic communications networks and services or by rules laid down in accordance with Title IV shall be subject to a decision pursuant to Title IV. or V in the electronic communications network and services.

§ 9. The proprietors of the right of use of existing building internal physical infrastructure shall satisfy any reasonable request from providers of the public high-speed network to electronic communications on access to existing building-internal physical ; infrastructure for the establishment of the public high-speed network for electronic communications in cases where duplication is technically impossible or economically ineffective. A request must be made in writing and indicating which building internal physical infrastructure is requested to be made available.

Paragraph 2. A request that is not reasonable may be rejected. Rejection shall be made in writing and shall be notified to the provider requesting access, as soon as possible and within two months of the date of receipt of the request.

Paragraph 3. Access to existing building internal physical infrastructure, cf. paragraph Paragraph 1 shall be granted on reasonable and non-discriminatory terms and conditions, including in the case of a possible price, and in writing to the provider requesting access within two months of receipt of the request.

Paragraph 4. Access, cf. paragraph 1, as requests are received, they are given. In the case of receipt of several requests on the same day, where there is limited capacity in the building physical infrastructure, access is given after drawing.

Paragraph 5. Paragraph 1 shall not apply in cases where access to an existing network connected to the territory of an end user and suitable for the provision of electronic communications services over the electronic communications network is ; either by means of objective, transparent, proportionate and non-discriminatory conditions and conditions by a decision taken pursuant to Title IV of the Act on electronic communications networks and services or by rules laid down in accordance with Title IV ; or V in the electronic communications network and services.

§ 9 l. Where there are not high-speed building physical infrastructure, providers of the public high-speed network for electronic communications are entitled to agree to an end user agreement with an end-user network, provided that : the impact on the private property of third parties is minimised.

Paragraph 2. The provider shall be used in the case of the right of paragraph 1. 1 obtain prior consent for access by any third party whose private property is to have an impact on the end user.

Paragraph 3. The provider must also, at the same time, submit a request for consent for access to a third party's private property, cf. paragraph 2, submit a written statement on the basis for the submission of the request, the practical implementation and access to the question of the trial before the courts.

Paragraph 4. The requirement for a written statement, cf. paragraph 3, in relation to all third parties, the property connections to the end user will have an impact.

Paragraph 5. The third parties to which the end user connect will have an impact, cf. paragraph 1 and 2 are entitled to compensation.

Paragraph 6. In the absence of a consensus between the provider of the public high-speed network for electronic communications and the third party, to whose property to be granted access, cf. paragraph 1 and 2 on the subject of the substitution question may this be decided by an arbitral tribunal in which each of the parties chooses an arbitrator. If no agreement is reached between the arbitrators, the decision shall be taken by the decision of a man appointed by the President for the country of national law.

Paragraph 7. The replacement shall, by request, be made by each of the Parties at the request of the person concerned within four weeks of the ruling, in accordance with the rules laid down in Section 19, in accordance with the rules laid down in section 19 of the procedure for the immoveable property. Incidentally, section 26 of the said law applicable shall apply mutatis mumuas.

Paragraph 8. In the case of the rate of charge, the settlement of the compensation issue, cf. paragraph 7, may the Commission ' s decision shall take a decision that the relevant service provider of the public high-speed network for electronic communications shall provide an amount of security to cover any higher compensation amount as set out in judgment.

Corporate management skills in the context of the joint exploitation of infrastructure

§ 9 m. The Management Board shall deal with matters relating to :

1) rejection of or refusal of a request for access to existing passive physical infrastructure, cf. Section 9 (f). 2 and 3,

2) that a request for access to existing passive physical infrastructure has not been accepted within two months, cf. Section 9 (f). 1 and 4,

3) refusal of a request for access to information on existing passive physical infrastructure, cf. section 9 g (g) 2,

4) a request for information on the existing passive physical infrastructure of a network operator has not been accepted within two weeks of the date of receipt of the request, cf. section 9 g (g) 1 and 3,

5) refusal of a request for access to be able to carry out plant measurements, cf. § 9 h, paragraph 2,

6) that a request for clearance to be able to carry out plant measurements has not been granted within two weeks of the date of receipt of the request, cf. § 9 h, paragraph 1 and 3,

7) refusal of a request for establishment to a building access point or access to an access point, cf. paragraph 9 (i) (j) ( 3,

8) that a request for access to an access point has not been granted within two months of the date of receipt of the request, cf. paragraph 9 (i) (j) ( 1 and 4,

9) access to the establishment of a public high-speed network to an electronic communications network up to a site ' s access point shall not be granted within 2 months of the date of receipt of the request, cf. paragraph 9 (i) (j) ( 2 and 4,

10) refusal of a request for access to existing building-building internal physical infrastructure, cf. Paragraph 9 k, paragraph 2, or

11) that a request for access to existing building-building internal physical infrastructure has not been granted within two months of the date of receipt of the request, cf. Paragraph 9 k, paragraph One and three.

Paragraph 2. The scope of paragraph 1 shall apply. 1 may be submitted to the Business Authority of the network operator who has made a request or by the network operator who has received a request pursuant to section 9 f-9 h, 9 j or 9 k.

Paragraph 3. The Danish Agency shall be independent from the instructions of the business and growth Minister for the individual case and for the purpose of determining the matter.

Paragraph 4. The Minister for the Industry and Growth Pact may lay down detailed rules on the processing of cases by the Commercial Management Board after this provision.

§ 9 n. The Danish Business Authority may, in cases, be referred to in paragraph 9 m. 1, decide that :

1) a network operator must provide access to its existing passive physical infrastructure, cf. 9 f and section 9 m (s) 1, no. 1 and 2, including the terms and conditions and conditions, including price ;

2) a netoperative operator shall provide information about its existing passive physical infrastructure, cf. section 9 g and section 9 m (s), 1, no. 3, and including any terms and conditions, including any price,

3) a network operator shall provide access to the ability to take plant measurements of specified elements of its existing passive physical infrastructure, cf. § 9 h and § 9 m (2) 1, no. 5, and including any terms and conditions, including any price,

4) the owner or proprietor of the right of access to an access point must provide access to the access point, cf. paragraph 9 (i) (j) ( 1, and 9 m (m), 1, no. 8, and including any terms and conditions, including any price,

5) the owner of an estate shall provide access to the establishment of a high-speed network to an electronic communications network up to a building access point, cf. paragraph 9 (i) (j) ( 2, and section 9 m (1), 1, no. 9, and including any terms and conditions, including any price, and

6) the owner or proprietor of the existing building-building physical infrastructure must provide access to the building internal physical infrastructure, cf. Paragraph 9 k, paragraph Paragraph 1 and 3, section 9 m. 1, no. 11, including any terms and conditions, including any charges, if any.

§ 9 o. The Management Board may, by the Parties, require any information and any material deemed appropriate by the Danish Agency for the purposes of processing the case, cf. § 9 m (2) 1.

Paragraph 2. If a network operator is not subject to information to be required by the Business Authority in accordance with the provisions of paragraph 1, 1, the Corporate Authority may impose periodic penalties on the network operator.

§ 9 p. The Decisions of the Business Management Board shall not be brought to the second administrative authority. `

8. Insert after section 9 p :

" Chapter 3

Entry into force. "

§ 2

In the field of electronic communications networks and services, cf. Law Order no. 128 of 7. February 2014, the following changes are made :

1. In the law footnote shall be inserted after ' Regulation (EC) No, 2006/2004 on cooperation between the national authorities responsible for the enforcement of consumer protection legislation, the Official Journal of the European Communities. I have 337, page 11 ":" and the Commission's recommendation of 11. September 2013 on coherent non-discrimination obligations and methods for calculating costs in order to promote competition and improve the investment environment for broadband, EU-Official 2013, nr. L251, page 13. "

2. § 43, paragraph. 3, is hereby repealed and the following shall be inserted :

" Stop. 3. The Danish Agency may, in relation to the imposition of an obligation on non-discrimination in accordance with paragraph 1. 1 making claims to the provider with a strong market position, through a test, to document that other providers of public electronic communications networks or services technically can replicate new or substantially modified retail products from the provider ; with a strong market position on the basis of network access products, as laid down in a market decision, cf. § 41. The Danish Agency may, in this context, require that the documentation should be available for a reasonable time before the launch of a new or substantially modified retailor and at any time therm;.

Paragraph 4. The Management Board may, if the provider of a strong market position does not comply with a requirement for documentation, as laid down in paragraph 1. 3, invite this provider to postpone the launch of a retail product until the obligation is set out in accordance with paragraph 1. 3 is fulfilled if the failure to comply is deemed to be significant in the event of competition. `

3. the following Chapter 16 is inserted :

" Chapter 16 a

Sector specific fusion control

§ 51 a. A merger, cf. the section 12 of competition law, between two or more commercial operators of electronic communications networks in Denmark, shall be notified to the undertakings concerned by the undertakings concerned, if the undertakings combined have an annual annual basis ; The turnover in Denmark, of at least 900 million, DKK and the merger comprises a public electronic communication net, cf. however, paragraph 1 2.

Paragraph 2. Paragraph 1 shall not apply where the concentration is subject to notification by the rules on concentration control in the competition law.

Paragraph 3. The Danish Agency for the Management Board shall refer to the Management Board a merger pursuant to paragraph 1 1 for the treatment of competition rules on merger control by competition law, where the conditions laid down in paragraph 1 shall be considered. One has been fulfilled.

Paragraph 4. A concentration shall be subject to paragraph 1. 1 may not be implemented until it has been notified to the Danish Agency for the Management Board, or in the form of handling of the Merger Management Board. This shall not preclude the implementation of a public takeover bids or a series of transactions in transferable securities, including those which may be converted to other transferable securities, which may be converted in a market such as a stock exchange, thereby giving the the control of different sellers when the merger is immediately notified to the Business Authority and the transferee do not exercise the voting rights attaching to the relevant securities or only do so in order to maintain the full value of its investment.

Paragraph 5. The employee of the Business Management Board shall not disclose information relating to cases of merger communications received in accordance with paragraph 1. 1 to others other than Competitive and Consumer Protection.

Paragraph 6. Calculation of the turnover in accordance with paragraph 1. Paragraph 1 shall be carried out in accordance with rules laid down in Article 12 (2) of the competition. 4.

Paragraph 7. The Minister for the Industry and Growth Minister may lay down detailed rules on the communication of mergers, cf. paragraph 1 and the procedures and time limits for the treatment of a notified merger to the Commercial Management Board. `

4. After § 60 a is inserted Chapter 21 a :

" § 60 b. In areas where there are activities aimed at international tourism, municipalities offer free access to wifi, when

a) maximum free access to 1 hour per hour. 24 hours a day appliance,

b) free access shall be offered free of charge for the purpose of the outdoor coverage ; and

c) these are not connected networks in larger areas, including the entire municipality.

Paragraph 2. The municipality must buy it in paragraph 1. 1 mentioned wifi-access of a private provider of electronic communications networks and services. ` ;

5. I § 73, paragraph 1. 1, no. 10, change '-systems and ` to : '-systems,'.

6. I § 73, paragraph 1. 1, no. 11, "end users." to : "end users and".

7. I § 73, paragraph 1. 1, pasted as no. 12 :

" 12) establishments which communicate a merger, cf. § 51 a, paragraph. 1. "

8. I Section 79, paragraph 1. 1, in section 73 (3), 1, no. 1-7 and 9 and 10, ' to : ' 73, paragraph 1. 1, no. 1-7, 9, 10 and 12, "

9. I § 81, paragraph. 1, no. 1, inserted after "§ 35" : ", § 51 (a, paragraph 1) One and four, "

§ 3

In the competition law, cf. Law Order no. 700 of 18. June 2013, as amended by law no. 1371 of 16. December 2014, the following changes are made :

1. I § 12, paragraph 1. 1, no. 1, changes " DKK or "to," kr., ".

2. I § 12, paragraph 1. 1, no. 2, the following shall be inserted after ' worldwide at least EUR 3.8 billion ; kr. ":" or ".

3. I § 12, paragraph 1. 1, pasted as no. 3 :

" 3) The Danish Agency for Electronic Communications Networks and Services has referred to a merger between two or more commercial providers of electronic communications networks in Denmark for the treatment of competition and consumer management. `

4. I § 12 h, paragraph 7, no. 2, ' or ' shall be deleted ;

5. I § 12 h, paragraph 7, no. 3, ' the notified concentration ' shall be replaced by '. to : ' notified concentration, or `.

6. I § 12 h, paragraph 7, pasted as no. FOUR :

" 4) The Danish Agency for the Management Board did not have the basis for referring a merger to Competition and Consumer Protection, cf. § 12, paragraph 1. 1, no. 3. "

§ 4

Paragraph 1. The law shall enter into force on 1. July 2015, cf. however, paragraph 1 2.

Paragraph 2. § 1 shall enter into force on 1. July 2016.

§ 5

The law does not apply to the Faroe Islands and Greenland.

1) The law contains provisions that implement parts of the European Parliament and Council Directive 2014 /61/EU of 15. May 2014 on measures to reduce the cost of the construction of the high-speed network for electronic communications, EU Official Journal, 2014, nr. L155, page 1, and the Commission's recommendation of 11. September 2013 on coherent non-discrimination obligations and methods for calculating costs in order to promote competition and improve the investment environment for broadband, EU-Official 2013, nr. L251, page 13.