S.L. 399.48 чл. 60Obligations of access to, and use of, specific network elements and associated facilities.

(1) The Authority may, in accordance with regulation 55, impose obligations on undertakings to meet reasonable requests for access to, and use of, specific network elements and associated facilities, in situations where the Authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, and would not be in the interest of the end-user.

(2) When undertaking any measures in accordance with this regulation, the Authority may require undertakings inter alia:

(a) to give third parties access to, and use of, specific physical network elements and associated facilities, as appropriate, including unbundled access to the local loop and sub-loop;

(b) to give third parties access to specific active or virtual network elements and services;

(c) to negotiate in good faith with undertakings requesting access;

(d) not to withdraw access to facilities already granted;

(e) to provide specific services on a wholesale basis for resale by third parties;

(f) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services;

(g) to provide co-location or other forms of associated facilities sharing;

(h) to provide specific services needed to ensure interoperability of end-to-end services to users, or roaming on mobile networks;

(i) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services;

(j) to interconnect networks or network facilities;

(k) to provide access to associated services such as identity, location and presence service.

Provided that the Authority may require that any of these obligations are subject to conditions covering fairness, reasonableness and timeliness.

(3) Where the Authority considers the appropriateness of imposing any of the possible specific obligations referred to in sub-regulations (1) and (2), and in particular where the Authority assesses, in accordance with the principle of proportionality, whether and how such obligations are to be imposed, the Authority shall analyse whether other forms of access to wholesale inputs, either on the same or on a related wholesale market, would be sufficient to address the identified problem in the interest of end-users.

(4) An assessment done in accordance with sub-regulation (3) AND SERVICES (GENERAL)

shall include commercial access offers, regulated access pursuant to regulation 48, or existing or planned regulated access to other wholesale inputs pursuant to this regulation. In doing so the Authority shall take account in particular of the following factors:

(a) the technical and economic viability of using or installing competing facilities, in light of the rate of market development, considering the nature and type of interconnection or access involved, including the viability of other upstream access products, such as access to ducts;

(b) the expected technological evolution affecting network design and management;

(c) the need to ensure technology neutrality enabling the parties to design and manage their own networks;

(d) the feasibility of providing the access offered, in relation to the capacity available;

(e) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment, with particular regard to investments in, and risk levels associated with, very high capacity networks;

(f) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure-based competition and innovative business models that support sustainable competition, such as those based on co-investment in networks;

(g) where appropriate, any relevant intellectual property rights; and

(h) the provision of pan-European services.

(5) Where the Authority considers, in accordance with regulation 55, imposing obligations on the basis of regulation 59 or of this regulation, it shall examine whether the imposition of obligations in accordance with regulation 59 alone would be a proportionate means by which to promote competition and the interest of end-users.

(6) When imposing obligations on an undertaking to provide access in accordance with this regulation, the Authority may lay down technical or operational conditions to be met by the provider or the beneficiaries of such access, where it considers necessary to ensure normal operation of the network:

Provided that any obligations to meet specific technical standards or specifications shall comply with the standards and specifications laid down in accordance with regulation 26.