(3) Public funds for provision of a public communications service of connectivity to the broadband communications network may only be provided and used if the following conditions are cumulatively met: 1. public communications services of connectivity to the broadband communications network are not available to all households in a specific area of the Republic of Slovenia under conditions comparable with the majority of other areas of the Republic of Slovenia with regard to the speed and price of broadband access; 2. no market interest has been demonstrated in providing a public communications service of connectivity to the broadband communications network under the conditions referred to in the previous point. (4) Whoever expresses a market interest in constructing a broadband network must construct it within three years from notifying the ministry responsible for electronic communications (hereinafter: the ministry) and the Agency of their interest in writing, and in the areas and to the extent indicated in their expression of interest. The Agency shall keep a record of the market interest demonstrated in the construction of a broadband network. (5) The Agency shall carry out carry out checks of the openness of the broadband networks constructed using the funds referred to in the first paragraph of this Article, and of compliance with the construction obligations referred to in the preceding paragraph by persons who have demonstrated an interest. Article 12 (relocation or modification of other installations and the subsequent construction of other installations) (1) An operator that wishes to construct a public communications network and associated infrastructure may, in the request to establish easement, request the relocation or modification of other installations, but only when the public communications network could not be built and other installations could be relocated or modified without negative effects on the use thereof, and when the shared use of installations under the conditions referred to in Article 91 is not possible. (2) The costs of relocating or modifying installations must be fully covered by the network operator that requested the relocation or modification. (3) The subsequent construction of other installations must be carried out in such a way as to not disturb the existing public communications network and associated infrastructure. Article 13 (relocation and protection of existing communications networks) (1) If an existing communications network and associated infrastructure as referred to in the third paragraph of Article 9 of this Act and entered in the register referred to in the first paragraph of Article 14 of this Act has to be relocated or protected on account of the construction of utilities and other structures, facilities and installations, the investor in the planned construction of utilities and other structures, facilities and installations must inform the owner of the network requiring relocation and protection at least 30 days prior to the planned commencement of works, and allow an authorised person of the owner to be present and exercise professional supervision of the execution of works. In the opposite case, the investor shall be liable to the owner for any damage caused. (2) The relocation and protection referred to in the preceding paragraph may, upon agreement with the investor, also be carried out by the owner of the network referred to in the preceding paragraph or by a contractor authorised by the owner.