Article 43a. 1. A telecommunications undertaking with significant market power on which
regulatory obligations with respect to telecommunications access were imposed, may submit
to the President of UKE a request for approval of proposed:
1) detailed conditions for the performance of regulatory obligations earlier imposed on the
telecommunications undertaking or
2) other commitments of the telecommunications undertakings which may contribute to
effective implementation of regulatory obligations imposed on telecommunications
undertakings, development of equal and effective competition, development and use of
modern telecommunications infrastructure or ensuring maximum benefits for users in terms of
choice, price and quality of telecommunications services
– hereinafter referred to as “detailed regulatory conditions”.
2. Within the framework of proceedings on the approval of detailed regulatory conditions the
President of UKE may:
1) agree with a telecommunications undertaking on detailed regulatory conditions, including
convening working meetings between representatives of the President of UKE and
representatives of a telecommunications undertaking authorised to make such agreements as
well as social organizations if they were admitted to the proceedings as a party;
2) request a telecommunications undertaking to supplement its proposed detailed regulatory
conditions or to modify them, within a specific time limit;
3) request a telecommunications undertaking to submit clarifications with regard to its
proposed detailed regulatory conditions, within a specific time limit;
4) seek experts' or auditors' opinion with respect to proposed detailed regulatory conditions.
3. The President of UKE shall, by means of a decision, approve of or refuse to approve of the
detailed regulatory conditions within 90 days of the submission date for the request referred to
in paragraph 1.
4. The President of UKE may approve of the detailed regulatory conditions included in the
telecommunications undertaking's request if they comply with the provisions of law,
regulatory obligations imposed on a telecommunications undertaking, the telecommunications
market needs and may contribute to effective implementation of regulatory obligations
imposed on a telecommunications undertaking, the development of equal and effective
competition, development and use of modern telecommunications infrastructure or ensuring
maximum benefits for users in terms of choice, price and quality of telecommunications
services.
5. The decision on the approval of the detailed regulatory conditions may be issued with
reservations on the conditions or time limits.
6. The decision on the approval of the detailed regulatory conditions shall be subject to the
provisions on consultation proceedings.
Article 44. In exceptional circumstances, the President of UKE may, by means of a decision,
impose on operators with significant market power other obligations with regard to
telecommunications access than those referred to in Article 34, Articles 36-40 and Article 42.
Article 44a. 1. Having completed consultation proceedings on imposing obligations referred
to in Article 44 other than those provided for in Article 44b (1) the President of UKE shall
immediately ask the European Commission for approval to impose those obligations. The
President of UKE shall attach to the request draft measures together with justification.
2. In the case of the Commission's positive response to the request referred to in paragraph 1,
the President of UKE shall, by means of a decision, impose obligations referred to in Article
44 according to the request.