PART II

NETWORKS
TITLE I

MARKET ENTRY AND DEPLOYMENT
CHAPTER II

Access to land

Rights of way
Article 43
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 electronic communications networks, or
- to install facilities on, over or under public property to an undertaking authorised to provide electronic communications networks other than to the public,
that competent authority:
1. acts on the basis of simple, efficient, transparent and publicly available procedures, applied without discrimination and without delay, and in any event makes its decision within six months of the application, except in the case of expropriation; and
2. follows the principles of transparency and non-discrimination in attaching conditions to any such rights.
The procedures referred to in points (a) and (b) may differ depending on whether the applicant is providing public electronic communications networks or not.
2
Member States shall ensure that, where public or local authorities retain ownership or control of undertakings providing public electronic communications networks or publicly available electronic communications services, there is an effective structural separation of the function responsible for granting the rights referred to in paragraph 1 from the activities associated with ownership or control.