(6) If the European Commission does not define a transnational market on the basis of an application submitted pursuant to subsection 4 of § 43 of this Act, the Consumer Protection and Technical Regulatory Authority and a supervision authority of another Member State of the European Union may conduct a joint market analysis if market conditions in the countries are sufficiently homogenous. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 441. Results of definition of markets and market analysis (1) The Consumer Protection and Technical Regulatory Authority prepares a report on the definition of markets and market analysis. (2) If it arises from the market analysis that competition is present in the communications services market, the Consumer Protection and Technical Regulatory Authority prepares a draft decision on not designating an undertaking with significant market power, which includes: 1) the report specified in subsection 1 of this section; 2) a proposal not to designate an undertaking with significant market power. (3) If it arises from the market analysis that competition is not present in the communications services market, the Consumer Protection and Technical Regulatory Authority prepares a draft decision on designating an undertaking with significant market power in accordance with subsection 1 of § 46 of this Act. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 442. Time of conduct of market analysis (1) The Consumer Protection and Technical Regulatory Authority conducts market analyses regularly, but not less frequently than once every five years. If necessary, the Consumer Protection and Technical Regulatory Authority may extend the specified period by one year if it has reasoned the proposed extension and notified the European Commission thereof no later than four months before the end of the five-year term and the European Commission has not objected to it within one month after the receipt of the notice. (2) If the European Commission revises the recommendation on the list of markets specified in subsection 1 of § 43 of this Act, the Consumer Protection and Technical Regulatory Authority conducts a market analysis for communications services markets not previously notified by the Consumer Protection and Technical Regulatory Authority to the European Commission within three years after the adoption of the revised recommendation of the European Commission. (3) If the Consumer Protection and Technical Regulatory Authority has not completed the market analysis of the markets defined in the recommendation of the European Commission or finds that it does not complete it within the term provided in subsection 1 or 2 of this section, BEREC may, at the request of the Consumer Protection and Technical Regulatory Authority, assist in preparing the draft decision specified in subsections 1 and 2 of § 441of this Act. In such case the Consumer Protection and Technical Regulatory Authority notifies the European Commission of the draft decision within six months in accordance with subsection 2 of § 48 of this Act. (4) If the European Commission does not establish a maximum call termination rate, the Consumer Protection and Technical Regulatory Authority may conduct the market analysis provided in § 44 of this Act in the relevant market. (5) In addition to the provisions of subsection 1 of this section, the Consumer Protection and Technical Regulatory Authority is required to conduct a market analysis immediately but not later than within three years if circumstances which significantly affect the competitive situation in the relevant communications services market become evident or are identified by a market participant. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 45. Undertaking with significant market power (1) The Consumer Protection and Technical Regulatory Authority designates one or more undertakings with significant market power in accordance with the provisions of this Chapter if the Consumer Protection and Technical Regulatory Authority establishes in the course of a market analysis provided in §§ 44 and 441of this Act that competition is not present in the respective communications services market and the undertaking meets the criteria provided in subsection 2 of this section. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) The Consumer Protection and Technical Regulatory Authority shall designate a communications undertaking as having significant market power in the specific communications services market and in the region where the services are provided if, individually or together with other undertakings, the undertaking has significant market power which enables the undertaking to operate to an appreciable extent independently of competitors, contractual partners and end-users. [RT I 2007, 66, 408 – entry into force 01.01.2008] Page 26 / 89 Electronic Communications Act