S.L. 399.48 · Electronic Communications Networks (S.L. 399.48)
S.L. 399.48 чл. 16Information required with regard to the general authorisation, rights of use and specific obligations.
PART IV
(1) Without prejudice to any information requested pursuant to regulation 15 and to information and reporting obligations under national law other than the general authorisation, the Authority may require undertakings to provide information with regard to the general authorisation, the rights of use or the specific obligations referred to in regulation 7(2), which is proportionate and objectively justified in particular for the purposes of:
(a) verifying, on a systematic or case-by-case basis, compliance with condition 1 of Part A, conditions 2 and 6 of Part D, and conditions 2 and 7 of Part E of the First Schedule and of compliance with obligations as referred to in regulation 7(2) and in the Thirteenth Schedule;
(b) verifying, on a case-by-case basis, compliance with conditions as set out in the First Schedule and in the Thirteenth Schedule where a complaint has been received, or where the Authority has other reasons to believe that a condition is not complied with, or in the case of an investigation by the Authority of its own initiative;
(c) carrying out procedures for and the assessment of requests for granting rights of use;
(d) publishing comparative overviews of quality and price of services for the benefit of consumers;
(e) collating clearly defined statistics, reports or studies;
(f) carrying out market analyses for the purposes of the Electronic Communications Code, the Act and these regulations including data on the downstream or retail markets associated with or related to the markets which are the subject of the market analysis; AND SERVICES (GENERAL)
(g) safeguarding the efficient use and ensuring the effective management of radio spectrum and of numbering resources;
(h) evaluating future network or service developments that could have an impact on wholesale services made available to competitors, on territorial coverage, on connectivity available to end-users or on the designation of areas pursuant to regulation 17;
(i) conducting geographical surveys; and
(j) responding to reasoned requests for information by BEREC:
Provided that the information referred to in paragraphs (a) and (b), and (d) to (j) shall not be required prior to, or as a condition for, market access.
(2) As regards the rights of use for radio spectrum, the information referred to in sub-regulation (1) shall refer in particular to the effective and efficient use of radio spectrum as well as to compliance with any coverage and quality of service obligations attached to the rights of use for radio spectrum and their verification.
(3) Where the Authority requires an undertaking to provide information as referred to in sub-regulation (1) it shall inform that undertaking of the specific purpose for which this information is to be used.
(4) The Authority shall not duplicate requests of information already made by BEREC pursuant to Article 40 of Regulation (EU) 2018/1971 where BEREC has made the information received available to the Authority.