Article 44f. 1. The provisions on the undertaking's branch shall apply to the separate business
entity where it is not a separate legal person.
2. A telecommunications undertaking referred to in Article 44b (1) shall be obliged to choose
the name of a separate business entity within the time limit specified in a decision referred to
in Article 44b (4). The trade name should allow identification of this entity as a separate entity
of the telecommunications undertaking referred to in Article 44b (1) and should be used by
this entity in commercial turnover.
3. A separate business entity shall be a separate employer within the telecommunications
undertaking referred to in Article 44b (1), whose rights and obligations of an employer shall
be performed by a person or persons in charge of that separate business entity.
4. A person or persons in charge of a separate business entity shall be authorised to represent
it in external relations under the principles of branch commercial representation.
Article 44g. 1. A vertically integrated telecommunications undertaking with significant
market power, in order to ensure that all service providers providing their services to end
users, including itself, have the possibility to offer equivalent services to end users, shall
inform the President of UKE of its intended transfer of local access network assets or
a substantial part thereof to a separate legal entity under different ownership or to a newly
established entity. The notification shall be made at least 6 months before the planned transfer
of assets.
2. A telecommunications undertaking referred to in paragraph 1 shall immediately inform the
President of UKE of any change in the intended transfer of local access network assets or
a substantial part thereof to a separate legal entity under different ownership or to a newly
established entity.
3. The President of UKE shall conduct a coordinated analysis of the relevant markets related
to the access network within six months of receiving the notification referred to in paragraph
1 or 2, in order to identify the impact of activities referred to in paragraph 1 on these markets,
and shall immediately inform the undertaking referred to in paragraph 1 of the completion of
the analysis.
4. A telecommunications undertaking referred to in paragraph 1 shall immediately inform the
President of UKE of the transfer of local access network assets or a substantial part thereof to
a separate legal entity under different ownership or to a newly established entity.
5. The President of UKE, having received the notification referred to in paragraph 4, based on
the results of an analysis referred to in paragraph 3, shall conduct proceedings referred to in
Article 22 and shall impose, maintain, amend or withdraw the regulatory obligations.
6. A separate legal entity or a newly established entity referred to in paragraph 1 may be
subject to telecommunications access regulatory obligations referred to in Article 34, Articles
36-40, Article 42 and Article 44, in respect of markets where it was found to have SMP.
Article 45. The President of UKE may, taking account of the adequacy of a given obligation
to the identified problem, the proportionality and the objectives specified in Article 1 (2), and
taking account of Article 1 (3), by means of a decision, impose on a telecommunications
undertaking which controls access to end users regulatory obligations necessary to ensure that
the end users of this telecommunications undertaking communicate with the users of another
telecommunications undertaking, including the obligation of mutual network interconnection.