other regulatory authorities, the Commission or the Body of European Regulators for
Electronic Communications (BEREC) under this Act.
(2) The Agency may, in order to promote regulatory predictability, draw up a multiannual
regulatory strategy and publish it on its website.
Article 89
(undertakings with special or exclusive rights)
(1) Undertakings having special or exclusive rights to provide other commercial activities and
with annual revenues in the area of electronic communications networks or services in excess
of EUR 10 million must either provide electronic communications networks or services
through a legally independent undertaking or keep separate financial accounts for activities
associated with the provision of electronic communications services or networks, as if these
activities were performed in a legally independent undertaking.
(2) The separate financial accounts referred to in preceding paragraph shall be kept such that
all elements of expenditures and revenues related to activities associated with the provision of
electronic communications services or networks are defined, together with the basis for their
calculation and detailed distribution procedures used, and including a breakdown of the fixed
assets and itemised structural costs.
Article 90
(interconnection and operator access)
(1) Operators of public communications networks shall have the right, and when required by
other operators of public communications networks also the obligation, to negotiate amongst
themselves concerning interconnection in order to provide public communications services
for the purpose of the provision and interoperability of services. Operators of public
communications networks shall provide other operators with operator access or
interconnection under conditions that accord with the obligations imposed by the Agency
under this Act in relation to interconnection and operator access.
(2) The parties shall agree on technical and commercial issues relating to operator access or
interconnection by contract, where this contract may not contravene the provisions of this
Act. Disputes shall, where one of the parties so requests, be resolved by the Agency using the
procedure referred to in Article 218 of this Act.
(3) In concluding contracts on interconnection or operator access, the parties must safeguard
the confidentiality of all the information exchanged in the course of the procedure. The
information exchanged may not be used for any other purpose nor disclosed to a third party,
particularly not to another department, branch office or subsidiary company, or to partners
that could acquire a competitive advantage on the basis of this information. Without prejudice
to the above, the obligations referred to in Articles 102 and 103 of this Act shall apply.
(4) In accordance with Articles 194 to 197 of this Act, the Agency shall encourage and,
where it assesses such a course of action to be appropriate under the circumstances, provide
suitable operator access, interconnection and interoperability of services, by decision, in a
manner that promotes efficiency, long-term competitiveness, efficiency of investment and
innovation, and provides the greatest possible benefits for end-users. The Agency may
impose obligations in particular on operators which monitor access to final users to the extent
necessary to ensure the connection of both terminals, including the obligation of the
interconnection of their networks if that has not yet been performed or, in justified cases and
to the necessary extent, impose on operators the obligation to enable interoperability of their
services. This shall not affect the obligations that the Agency may impose on undertakings