(2) Where joint investors demonstrate an interest in joint construction under the procedure referred to in the preceding paragraph of this Article, the investor in communications networks and associated infrastructure referred to in the second paragraph of the previous Article must offer interested joint investors the opportunity to conclude an appropriate contract in proportion to the investment and notify the Agency thereof. If the investor and an interested joint investor fail to agree on the conclusion of this contract and its content, the Agency shall decide on the matter, at the request of one of the parties, under the procedure referred to in Article 218 of this Act, where its decision must be objective, transparent, nondiscriminatory and proportionate. After the appropriate contract has been concluded or the Agency’s decision become enforceable, the investor must plan and construct the communications networks and associated infrastructure in such a way as to increase capacity in line with the interest demonstrated. (3) The obligations of an investor in communications networks and associated infrastructure referred to in the first to third paragraphs of this Article shall also apply to maintenance works for the public benefit on the communications facilities referred to in the third paragraph of the previous Article. (4) An investor in other types of commercial public infrastructure (such as transport, energy, utilities and water infrastructure) must plan its networks in such a way that, as far as the technical possibilities allow, an electronic communications network and associated infrastructure may be constructed along with it at the same time, in line with the interest demonstrated under the procedure referred to in the first paragraph of this Article. (5) Where construction of the communications network and associated infrastructure referred to in the second paragraph of the previous Article or of other commercial public infrastructure is financed from public funds, the investors must lay empty cable ducts of sufficient capacity when constructing this infrastructure if the information in the register referred to in the first paragraph of Article 14 of this Act shows that the planned area of construction does not yet have such cable ducts and has not acquired a joint investor referred to in the first paragraph of this Article. Cable ducts so constructed must be made available to all natural persons or legal entities providing electronic communications networks and associated infrastructure under equal conditions. Article 11 (use of public funds) (1) Funds for the construction of a broadband network or the provision of a public communications service of connectivity to the broadband communications network may also be provided from public funds in accordance with the regulations governing state aid monitoring. (2) Public funds for construction of a broadband network may only be provided and used if the following conditions are cumulatively met: 1. a specific area of the Republic of Slovenia is not sufficiently covered by a broadband network or this network is not available to everyone 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. there is no market interest in construction of a broadband network; 3. broadband networks must be planned and constructed as open communications networks; 4. transparency of selection of contractors for the construction of a broadband network and of operators of broadband network operators is ensured.