f. conducive to increasing the supply of services.
Article 29
Transparency
In order to increase transparency of interconnection or access to facilities of an electronic
communications undertaking, PTA may oblige an electronic communications undertaking with significant
market power to make public specified
information, e.g. accounting information, technical specifications, network characteristics, terms and
conditions for supply and use, and prices. Exemption from the requirement to make public information
may be granted if an electronic
communications undertaking can demonstrate that such involves important financial or commercial
interests which it is reasonable and normal to keep secret.
Where an electronic communications undertaking has obligations of non-discrimination, PTA may require
the undertaking to publish a reference offer,including an itemised description of the interconnection or
access, together with termsand conditions, including prices. PTA may prescribe changes to the reference
offer. Itmay also adopt rules1) concerning the substance of agreements on interconnection andreference
offers.
1)Reg. 94/2002.
Article 30
Non-discrimination
PTA may impose on electronic communications undertakings with significantmarket power obligations of
non-discrimination in approving interconnection oraccess. Such obligations shall ensure in particular that
an electronic communicationsundertaking applies equivalent conditions in equivalent circumstances to
other undertakings offering electronic communications services and provides services and information to
others under the same conditions and of the same quality as those it provides to its own service
departments, subsidiaries or partners.
Article 31
Accounting separation
PTA may impose on electronic communications undertakings with significant market power obligations
for accounting separation between activities related to inter-connection or access and other activities, so
that it is possible to divide all income and expenses between operating units which are linked to the
various services. In addition, the Administration may require a company operating both electronic
communications networks and electronic communications services to make transparent its wholesale
prices and its internal transfer prices inter alia to prevent unfair cross-subsidy. PTA
may specify the accounting methodology to be used.
To ensure transparency and non-discrimination, PTA may require that it be provided with accounting
records, including data on revenues received from third parties.
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