Schedule 3 Criteria for assessing co-investment offers
When assessing a co-investment offer pursuant to Regulation 58(2), the Regulator shall verify whether the following criteria have at a minimum been met. The Regulator may consider additional criteria to the extent they are necessary to ensure accessibility of potential investors to the co-investment, in light of specific local conditions and market structure:
(a) the co-investment offer shall be open to any undertaking over the lifetime of the network built under a co-investment offer on a non-discriminatory basis. The undertaking designated as having significant market power may include in the offer reasonable conditions regarding the financial capacity of any undertaking, so that for instance potential co-investors need to demonstrate their ability to deliver phased payments on the basis of which the deployment is planned, the acceptance of a strategic plan on the basis of which medium-term deployment plans are prepared, and so on;
(b) the co-investment offer shall be transparent:
(i) the offer shall be available and easily identified on the website of the undertaking designated as having significant market power;