CHAPTER III

TASKS OF NATIONAL REGULATORY AUTHORITIES

Rights of way
Article 11
1
Member States shall ensure that when a competent authority considers:
- an application for the granting of rights to install facilities on, over or under public or private property to an undertaking authorised to provide public communications networks, or
- an application for the granting of rights to install facilities on, over or under public property to an undertaking authorised to provide electronic communications networks other than to the public,
the competent authority:
- acts on the basis of transparent and publicly available procedures, applied without discrimination and without delay, and
- follows the principles of transparency and non-discrimination in attaching conditions to any such rights.
The abovementioned procedures can differ depending on whether the applicant is providing public communications networks or not.
2
Member States shall ensure that where public or local authorities retain ownership or control of undertakings operating electronic communications networks and/or services, there is effective structural separation of the function responsible for granting the rights referred to in paragraph 1 from activities associated with ownership or control.
3
Member States shall ensure that effective mechanisms exist to allow undertakings to appeal against decisions on the granting of rights to install facilities to a body that is independent of the parties involved.