Article 3 4.

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

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;

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

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;

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

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.