(1) The Agency shall impose an obligation of shared use of installations in buildings, or of the first distribution point if this is outside the building, on the natural persons or legal entities referred to in the first paragraph of the previous Article, by decision and in accordance with the procedure referred to in the previous Article, if the duplication of this infrastructure would be economically inefficient or physically non-feasible. In doing so, it may determine the rules for the sharing of the costs of shared use of the facilities or property, adjusted to the investment risk, where the Agency assesses such a course of action to be appropriate under the circumstances. (2) Where the owner of an installation referred to in the preceding paragraph is the owner of the building, he must allow other natural persons and legal entities providing electronic communications networks shared use of this installation. Article 93 (shared use of other commercial public infrastructure) (1) An investor or owner of another type of commercial public infrastructure must, in accordance with the technical capacities, allow network operators and interested state bodies shared use of the free capacities of this infrastructure at cost-oriented prices. Free capacities shall be deemed to be, in particular, empty or partly used ducts, unused optical fibre and the capacities of support masts for erecting additional cables or antennas for the construction of electronic communications networks. If an investor or owner of commercial public infrastructure and a party interested in shared use fail to agree on the concluding 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. The Agency shall lay down rules for the sharing of the costs of shared use of facilities or real estate. (2) The Agency may order shared use only after a prior public consultation process has taken place, which may not last less than 30 days. All interested parties must be given the opportunity to express their opinion in the course of the public consultation process. (3) The ordering of shared use must be objective, transparent, non-discriminatory and proportionate. Article 94 (implementation of shared use) A natural person or legal entity providing a communications network must exercise the right of shared use of the communications facilities or property referred to in Articles 91 to 93 of this Act so as to cause minimal disturbance to the owner of the real estate and minimal encroachments onto the real estate that is the subject of the shared use of facilities or real estate, and cause minimal disturbance to the owner of the infrastructure to which the right of shared use has been assigned or to the person that operates this infrastructure. 2. Regulation of undertakings with significant market power Article 95 (undertakings with significant market power) (1) In ensuring effective competition on the electronic communications market with ex ante regulation, an undertaking shall be deemed to have significant market power under this Act if, either itself or with other undertakings on a particular public communications network