Decision of 2 June 2003 laying down rules on the co-use of aerial opstilts, aerial systems and aerials intended for broadcasting networks (Decision co-use broadcasting networks)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Economic Affairs of 30 October 2002, No DGTP/02/04033;
Having regard to Article 3.12, first paragraph, of the Telecommunications Act ;
The Council of State heard (opinion delivered on 14 February 2003, No W10.02.0505/II);
Having regard to the further report of the State Secretary for Economic Affairs of 23 May 2003, No WJZ/03/02117;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Telecommunications law ;
b. Holder: holder of a permit for the use of a frequency space intended for the dissemination of programmes and the person who, by order of that holder, by way of his public electronic communications network, consisting of radio-transmitting apparatus capable of spreading programmes a programme spreading;
c. Request for co-use: A written request for co-use as referred to in Article 3.24, fourth paragraph, of the Act ;
d. The applicant shall mean a holder, who has submitted a written request to co-use to another holder;
e. Recipient: a holder, who has received a written request for co-use.
1 A recipient shall decide within two weeks from the date of receipt of a request for co-use or the request may be satisfied. The decision shall be in writing and shall be based on a sound statement of reasons communicated to the applicant by the publication of the decision.
2 If insufficient information has been provided for the assessment of the request for co-use, the recipient shall inform the applicant in writing within one week of receiving the request. The recipient shall indicate the absence of data and provide a sound justification for the need for the data that is missing to be used for the decision on the request for co-use.
3 The applicant shall provide the recipient with the missing information as referred to in the second paragraph within two weeks. The period referred to in paragraph 1 shall be suspended from the day following the date on which the recipient informed the applicant in writing of the absence of data to the day on which the missing data was received by the recipient. have been received.
4 If the missing information is not provided within the period referred to in the third paragraph, the recipient may decide not to continue to treat the request for co-use.
5 The recipient may extend the period specified in paragraph 1 once by one week. The extension shall be communicated in writing to the applicant.
6 In the case of a ministerial arrangement, detailed rules shall be laid down concerning the information to be presented by the applicant in the submission of a request for co-use.
1 A holder shall, at the request of another holder, in order to enable it to submit a request for co-use, within two weeks of receipt of the request, the information necessary for this purpose. A ministerial arrangement shall lay down detailed rules on the information to be provided.
The request referred to in paragraph 1 shall, in the light of the need for co-use, be limited to a given antenna-raising point or the antenna adjustment points in a further specified part of the country. Where this is already possible, it shall be indicated what kind of co-use with respect to the relevant antenna upsetting or the relevant antenna adjustment points is desired.
3 In the case of: Article 2, second paragraph Where the recipient has been informed by the recipient of the lack of sufficient information to make a decision on the request for co-use, the recipient is obliged to the applicant who has information concerning the application of the aid. Antenna-raising point, the antenna system or the antenna to which the request for co-use relates, is to be provided, which is necessary for the applicant to provide reasonable information to the request for the missing data as Intended in Article 2, second paragraph -To be able to comply. The data should be provided at the same time as the communication referred to in the Article 2, second paragraph First sentence.
4. In any case, the information referred to in paragraph 3 shall be:
a. An overview of the available space on the relevant antenna adjustment points and the frequency range of the respective antenna systems or antennas, indicating in each case the space or the entire frequency range respectively. is actually in use or reserved;
b. The necessary technical data of the relevant antenna adjustment points and the antenna systems and antennas present thereon.
5 For the provision of information referred to in paragraph 1, a fee may be charged on the basis of actual expenses incurred by the holder who submitted the request.
6 If a holder does not comply with a request for data referred to in the first member or the recipient does not comply with the obligation to provide the information referred to in the third paragraph, the Authority shall take and The applicant shall, at the request of the holder who has made the request for the provision of information, make a decision as referred to in the third paragraph on the obligation to provide the information in question. As far as the provision of data as referred to in paragraph 3 is concerned, from the day following the date of the request to the Consumer and Markets Authority, a decision as referred to in the first sentence shall be taken, the period specified in the first sentence of the Regulation. Article 2 (3) , first sentence, suspended until the day on which a decision has been taken by the Consumer Authority and Consumer Market Authority. The Consumer and Market Authority may, by way of its decision, derogate from the provisions of the Article 2 time limits within which:
(a) the information referred to in paragraph 3 shall be provided by the recipient;
b. the missing data specified in Article 2, second paragraph , to be provided by the applicant to the recipient.
7 By Ministerial Regulations, rules may be laid down concerning:
(a) the limitation of the application referred to in paragraph 2;
(b) the information referred to in paragraph 3;
(c) the allowance provided for in paragraph 5.
The information provided for the purpose of submitting a request for communication and the information submitted in connection with a request for co-use may be made only by the person to whom the information is supplied. used for the purpose for which the data was provided.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Decision co-use broadcasting networks.
Charges and orders that this Decision will be placed in the Official Journal by means of a note of explanatory note.
' s-Gravenhage, 2 June 2003
The Minister for Economic Affairs,
L. J. BrinkhorstPublished the seventeenth of June 2003
The Minister of Justice,
J. P. H. Donner