3. The request referred to in paragraph 2 and 2b should include a draft telecommunications access agreement, including the positions of the parties in the scope specified by the Act and the marking of those areas in the agreement as to which the parties were not able to reach an agreement. 4. The parties shall be obliged to submit to the President of UKE, at his/her request, within 14 days, their positions on divergences and the documents necessary to consider the request. Article 28. 1. The President of UKE shall make his/her decision on telecommunications access within 90 days of the date of the submission of the request referred to in Article 27 (2) and (2b), taking account of the following criteria: 1) the interest of telecommunications network users; 2) obligations imposed on telecommunications undertakings; 2a) development of modern telecommunications infrastructure, including promoting efficient investment in infrastructure and innovative technologies; 3) the promotion of modern telecommunications services; 4) the nature of contentious issues arisen and the practical possibility for implementing solutions related to technical and economic aspects of telecommunications access, both proposed by telecommunications undertakings being parties to negotiations and constituting alternative solutions; 5) ensuring: a) the integrity of the network and interoperability of services, b) non-discriminating conditions of telecommunications access, c) the development of a competitive market for telecommunications services; 6) the market power of telecommunications undertakings whose networks are being interconnected; 7) public interest, including environment protection; 8) maintaining the continuity of universal service provision. 2. The President of UKE shall make the decision on ensuring telecommunications access to the entities referred to in Article 4 point (1), (2), (4), (5), (7) and (8) within 60 days of the date of the submission of the request referred to in Article 27 (2) and (2b), taking account of the criteria referred to in paragraph 1 point (1-4), (5) (a) and (c) and (6-8) and the needs of national defence, state security and public order and safety, as well as the specific nature of tasks performed by those entities. 3. The decision on telecommunications access in the scope of network interconnection may include the provisions referred to in Article 31 (2) and (3). 4. The decision on telecommunications access shall replace a telecommunications access agreement within the scope covered by the decision. 5. In cases where the interested parties conclude a telecommunications access agreement, the decision on telecommunications access shall expire by the virtue of law in the part covered by the agreement. 6. The decision on telecommunications access may be modified by the President of UKE at the request from any party concerned or ex officio, in cases justified by the need to protect the interests of end users, to ensure effective competition or interoperability of services. 7. The cases of pursuing property rights claims referring to non-performance or inadequate performance of obligations which result from the decision on telecommunications access shall be subject to judicial proceedings. 8. The President of UKE shall issue a decision on telecommunications access which includes all the findings necessary to ensure telecommunications access if one of the parties is a telecommunications undertaking on which the obligation under Article 34 and Article 45 has been imposed.