other competent regulatory authorities in Member States, the European Commission and
BEREC under the conditions referred to in Articles 209 to 212 of this Act.
(8) The Agency may impose measures that change the technical details of previously
imposed obligations under this Article and that do not have a significant impact on the market
by decision in an administrative procedure, on the basis of the analysis of relevant markets
that formed the basis for the previously imposed obligations and with due regard to the
provisions of Articles 209 to 212 of this Act. The Agency must acquire the opinion of the
body responsible for the protection of competition before issuing a decision that changes the
technical details of previously imposed obligations.
Article 102
(obligation of transparency)
(1) The Agency may, on the basis of the decision referred to in the first paragraph of the
previous Article, impose obligations of transparency on a specific network operator with
significant market power in relation to interconnection and/or operator access by making
public specified information regarding interconnection or operator access.
(2) In doing so, the Agency may request the following from the operator:
- accounting information;
- technical specifications;
- network characteristics;
- terms and conditions for supply and use;
- all conditions limiting access to and/or use of services and applications;
- prices.
(3) In this decision, the Agency shall set out in detail which information should be made
public, the level of detail required and the manner of publication.
(4) The Agency may, in accordance with the first, second and third paragraphs of this Article,
require a network operator referred to in the first paragraph of this Article, by decision, to
publish a reference offer for interconnection and/or operator access. This reference offer must
be sufficiently unbundled to ensure that other operators that wish to request a service relating
to interconnection and/or operator access are not required to pay for facilities that are not
necessary for the service requested. This reference offer must describe the services that the
operator with significant market power is offering in relation to interconnection and/or
operator access, broken down into components according to market needs, and the associated
terms and conditions, including prices. If this reference offer does not meet the provisions of
this Act or the decision referred to in the first paragraph of the previous Article, the Agency
may, by decision in a supervisory procedure, require its amendment.
(5) Without prejudice to the provisions of the first to fourth paragraphs of this Article, a
reference offer for unbundled access to the local loop must contain at least those elements
that the Agency specifies in a general act drawn up in accordance with EU regulations.
Article 103
(obligation of non-discrimination)
(1) The Agency may, on the basis of the decision referred to in the first paragraph of Article
101 of this Act, impose obligations of non-discrimination on a specific network operator with
significant market power in relation to interconnection and/or operator access by making
public specified information regarding interconnection and/or operator access.
(2) Imposition of the obligations referred to in the preceding paragraph shall ensure, in
particular, that the operator referred to in the preceding paragraph: