Article 3 5.

the physical infrastructure to which access has been requested is not technically suitable to host any of the elements of VHCN referred to in paragraph 1;

there is a lack of availability of space to host the elements of VHCNs or associated facilities referred to in paragraph 1, including after taking into account the future need for space of the access provider that is sufficiently demonstrated, such as by referring to publicly available investments plans or to a consistently applied percentage for the capacity reserved for future needs, compared to the entire capacity of the physical infrastructure;

the existence of justified reasons regarding safety, national security and public health;

the existence of duly justified reasons regarding the integrity and security of any network, in particular national critical infrastructure;

the existence of a duly justified 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 passive wholesale physical access to electronic communications networks, suitable for the provision of VHCNs, and offered under fair and reasonable terms and conditions, that are provided by the same network operator or, in the specific case of rural or remote areas where a network is operated on a wholesale-only basis and owned or controlled by public sector bodies, that are provided by the operator of such network.