+Article 3 4.

Article 3 4.

When determining fair and reasonable terms and conditions, including prices, for granting access, and in order to avoid excessive prices, network operators and public sector bodies owning or controlling physical infrastructure shall, where relevant, take into account at least the following:

(a) 

existing contracts and commercial terms and conditions agreed between operators seeking access and network operators or public sector bodies granting access to physical infrastructure;

(b) 

the need to ensure that the access provider has a fair opportunity to recover the costs it incurs in order to provide access to its physical infrastructure, taking into account specific national conditions, business models, and any tariff structures put in place to provide a fair opportunity for cost recovery; in the case of electronic communications networks, any remedies imposed by a national regulatory authority are also to be taken into account;

(c) 

any additional maintenance and adaptation costs resulting from providing access to the relevant physical infrastructure;

(d) 

the impact of the requested access on the access provider’s business plan, including investments in the physical infrastructure to which the access has been requested;

(e) 

in the specific case of access to physical infrastructure of operators, any relevant guidance pursuant to paragraph 13, and in particular:

(i) 

the economic viability of those investments based on their risk profile;

(ii) 

the need for a fair return on investment and for any time schedule for such return on investment;

(iii) 

any impact of access on downstream competition and consequently on prices and return on investment;

(iv) 

any depreciation of the network assets at the time of the access request;

(v) 

any business case underpinning the investment at the time it was made, in particular investment in the physical infrastructure used for the provision of connectivity; and

(vi) 

any possibility previously offered to the access seeker to co-invest in the deployment of the physical infrastructure, notably pursuant to Article 76 of Directive (EU) 2018/1972, or to co-deploy alongside it;

(f) 

when considering the operators’ need for a fair return on investment which reflects the relevant market conditions, their different business models, in particular in the case of undertakings that primarily provide associated facilities and offer physical access to more than one undertaking that provides, or that is authorised to provide, public electronic communications networks.

1. Übersicht

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1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

Anforderungen

3. Zugehörige Standards

Standards