Chapter 3
Regulation of services in the retail market
Article 46. 1. If, as a result of an analysis carried out according to Article 21, the President of
UKE finds that:
1) a given retail market is not effectively competitive,
2) obligations referred to in Articles 34-40, Article 42, Article 44 and Article 45 would not
lead to the achievement of the objectives referred to in Article 189 (2);
3) the execution of a subscriber’s right referred to in Article 72 (1) would not lead to the
achievement of the objective referred to in Article 1 (2) (4) and does not meet the objectives
referred to in Article 189 (2)
– he/she shall impose on a telecommunications undertaking with significant market power in
a given retail market at least one of the obligations referred to in paragraph 2.
2. The President of UKE, for the purpose of protecting an end user may, by means of
a decision, impose on a telecommunications undertaking with significant market power in
a given retail market the following obligations to refrain from:
1) setting excessive prices for services;
2) distorting market entry of other undertakings;
3) limiting competition by fixing prices below the costs of their provision;
4) applying preferential treatment to given end users, excluding those provided for in the
Act;
5) obliging an end user to use unnecessary services.
3. In the decision referred to in paragraph 2, the President of UKE may in particular:
1) specify maximum prices for services or
2) specify the required range of prices for services established on the basis of prices applied
in comparable markets of Member States or
3) impose an obligation to:
a) run regulatory accounting in line with an instruction approved by the President of UKE, or
b) calculate the costs of services in line with a cost calculation description approved by the
President of UKE, or
c) set prices on the basis of the cost of their provision, or
4) impose an obligation to submit for approval tariffs or rules and regulations for the
provision of services.
4. The President of UKE shall specify, in a decision referred to in paragraph 3 (3) (b), cost
calculation methods for services provided in a given retail market which are to be applied by
an operator on the basis of provisions of an ordinance referred to in Article 51.
Article 47. (deleted).
Article 48. 1. A telecommunications undertaking on which an obligation referred to in Article
46 (3) (4) has been imposed, shall submit to the President of UKE draft tariffs and draft rules
and regulations for the provision of services together with their justification, at least 30 days
prior to a planned date for the introduction of the tariffs or rules and regulations for the
provision of services or of their modifications.
2. The President of UKE, by means of a decision, within 30 days of the date of submission of
draft tariffs, rules and regulations for the provision of services or of their modifications, may
raise an objection, if the draft tariffs or draft rules and regulations are deemed to contradict the
decision referred to in Article 46 (2) or the provisions of this Act, and may oblige