1) ensuring the possibility of managing end user’s service by an authorised
telecommunications undertaking and to make decisions concerning the provision of services
for his/her benefit;
2) providing specific telecommunications network elements, including access to non-active
network elements or telecommunications equipment, lines, links or local loops; the obligation
to make local loops available may relate to a loop or a sub-loop, with full or shared access,
together with collocation and access to cable lines and relevant information systems;
3) offering wholesale services for the purpose of their resale by another undertaking;
4) granting access to interfaces, protocols or other key technologies necessary for
interoperability of services, including virtual network services;
5) providing telecommunications infrastructure, collocation and other forms of shared use of
buildings;
6) providing network functions necessary to ensure full interoperability of services,
including the provision of services in intelligent networks;
7) providing roaming services on mobile networks;
8) providing systems which support operational activities or other software systems
necessary for effective competition, including tariff systems, systems for issuing invoices and
collecting receivables;
9) providing associated facilities in relation to radio and television broadcasting;
10) providing network or telecommunications equipment interconnection and related
facilities;
11) conducting negotiations in good faith with regard to telecommunications access and
providing formerly established telecommunications access to specific telecommunications
networks, equipment or associated facilities;
12) providing telecommunications services taking account of priority in accordance with
Article 176a (2) point (3).
13) ensuring access to associated facilities, including identity, location and presence services.
3. The request of a telecommunications undertaking for telecommunications access shall be
deemed justified provided that it takes account of the scope of the obligation determined in
the decision referred to in paragraph 1 and the conditions referred to in Article 35 (1).
Article 35. 1. The President of UKE may specify, by means of the decision referred to in
Article 34 (1), within the scope necessary to ensure correct functioning of the
telecommunications network, technical or operational conditions which are to be met by
a telecommunications undertaking providing telecommunications access or by
telecommunications undertakings using such access.
2. While determining the scope of the telecommunications access obligation, the President of
UKE shall, in particular, take account of the following:
1) technical and economic viability of using or installing competing equipment, taking
account of the pace of market development and the type of network interconnection or
telecommunications access, including viability of other solutions related to
telecommunications access, such as access to cable ducts;
2) the possibility of ensuring proposed telecommunications access, taking account of the
possessed network capacity;
3) preliminary investments made by the owner of the equipment or associated facilities,
having regard to the investment risk and taking account of infrastructure used by the
telecommunications undertaking that was developed in full or in part from public funds;
4) the necessity to ensure long term competition, including promoting efficient investment in
infrastructure and innovative technologies;
5) the relevant intellectual property rights;