(1) Notwithstanding the provisions of any other written law, a network facilities provider or a public utility shall provide a network facilities provider with non-discriminatory access to any post, network facilities or right-of-way owned or controlled by him.

 

(2) Notwithstanding subsection (1), a network facilities provider or a public utility may deny any network facilities provider access to his post, network facilities or right-of-way on a non-discriminatory basis where there is insufficient capacity, or for reasons of safety, security, reliability, or difficulty of a technical or engineering nature.