infrastructure may be installed primarily in the
facilities of the public utility, or secondarily, on the
private land referred to in this section as “the
affected property”.
(4) At the request of the licensee, the Authority
may adopt a decision concerning an easement or
other right of use, restricting the use of the affected
property by its owner due to public interest in
publicly
accessible
information
and
communications services
provided that the
licensee proves that
(a) it has exerted its best reasonable efforts
to come to an agreement with the owner of
the affected property;
(b) the installation of the information and
communications infrastructure on public
land or by way of sharing existing
information and communications facilities
or in the case of private property, in the
facilities owned by other public utilities, is
not practicable due to reasons
of
environmental protection, public health,
public safety, construction issues, or the
special features of the information and
communications network.
(5) The request submitted pursuant to subsection
(4) may also be evaluated in the course of the
individual licensing procedures for the carrier
licences.
(6) The Authority shall notify the owner of the
affected property of the commencement of the
procedure.
(7) The procedures for granting the rights referred
to in this section shall be transparent, publicly
available and applied without discrimination and
without delay and the attached conditions to those
rights shall follow the principles of transparency
and non-discrimination.
(8) The official decision shall specify
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