S.L. 399.48 чл. 65Voluntary separation by a vertically integrated undertaking. Cap. 418.

(1) Undertakings which have been designated as having significant market power in one or several relevant markets in accordance with regulation 54 shall inform the Authority at least three months before any intended transfer of their local access network assets or a substantial part thereof to a separate legal entity under different ownership, or establishment of a separate business entity in order to provide all retail providers, including its own retail divisions, with fully equivalent access products:

Provided that such undertakings shall also inform the Authority of any change of that intent, as well as the final outcome of the process of separation:

Provided further that such undertakings may also offer commitments regarding access conditions that are to apply to their network during an implementation period after the proposed form of separation is implemented, with a view to ensuring effective and non-discriminatory access by third parties. The offer of commitments shall include sufficient details, including in terms of timing of implementation and duration, in order to allow the Authority to conduct its tasks in accordance with sub-regulation (2). Such commitments may extend beyond the maximum period for market reviews set out in regulation 54(9).

(2) The Authority shall assess the effect of the intended transaction, together with the commitments offered, where applicable, on existing regulatory obligations under these regulations:

Provided that for this purpose, the Authority shall conduct an analysis of the different markets related to the access network in accordance with the procedure set out in regulation 54, taking into account any commitments offered by the undertaking, having regard in particular to the objectives set out in article 4 of the Act. In so doing, the Authority shall consult third parties in accordance with article 4A of the Malta Communications Authority Act, and shall address, in particular, those third parties which are directly affected by the intended transaction:

Provided further that, on the basis of its analysis, the Authority shall impose, maintain, amend or withdraw obligations, in accordance with the procedures set out in article 4A of the Malta Communications Authority Act and in regulation 21, applying, if appropriate, regulation 67. In its decision, the Authority may make the commitments binding, totally or in part. By way of derogation from regulation 54(9), the Authority may make the commitments binding, totally or in part, for the entire period for which they are offered.

(3) Without prejudice to regulation 67, the legally or operationally separate business entity that has been designated as having significant market power in any specific market in accordance with regulation 54 may be subject, as appropriate, to any of the obligations referred to in regulations 56 to 61 or any other obligations authorised by the European Commission pursuant to regulation 55(3), where any commitments offered are insufficient to meet the objectives set out in article 4 of the Act.

(4) The Authority shall monitor the implementation of the commitments offered by the undertakings that the Authority has made binding in accordance with sub-regulation (2) and shall consider their extension when the period for which they are initially offered has expired. AND SERVICES (GENERAL)