(1) Where, as a result of a market analysis carried out in accordance with Regulation 49, the Regulator concludes that denial of access or access given under unreasonable terms and conditions having a similar effect, would hinder the emergence of a sustainable competitive market and would not be in the end-user's interest, the Regulator may, in accordance with Regulation 50, impose obligations on an undertaking to meet reasonable requests for access to, and use of, civil engineering including, but not limited to, buildings or entries to buildings, building cables, including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets.

(2) The Regulator may impose obligations on an undertaking to provide access in accordance with paragraph (1), irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Regulation 4.

(3) An undertaking that fails to comply with an obligation imposed under paragraph (1) commits an offence.