3.

Member States shall require that every refusal of access be based on objective, transparent, and proportionate criteria, such as: the technical suitability of the physical infrastructure to which access has been requested to host any of the elements of high-speed electronic communications networks referred to in paragraph 2; availability of space to host the elements of high-speed electronic communications networks referred to in paragraph 2, including the network operator's future needs for space that are sufficiently demonstrated; safety and public health concerns; integrity and security of any network, in particular of critical national infrastructure; the risk of serious interferences of the planned electronic communications services with the provision of other services over the same physical infrastructure; the availability of viable alternative means of wholesale physical network infrastructure access provided by the network operator and suitable for the provision of high-speed electronic communications networks, provided that such access is offered under fair and reasonable terms and conditions. Member States shall ensure that the network operator states the reasons for the refusal within two months from the date of the receipt of the complete request for access.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-02 · Text as adopted (Official Journal); later amendments are not incorporated in this text.