on other interested persons, including consumers, and the expected impact on the functioning of the competition as a whole; 5) an analysis to confirm that this obligation is the most efficient means to address the competition problems and market failures. (4) The draft decision of the Consumer Protection and Technical Regulatory Authority shall include the following parts: 1) the precise nature and level of separation, specifying in particular the legal status of the separate business entity; 2) information concerning the assets of the separate business entity and the products or services to be supplied by it; 3) the governance arrangements to ensure the independence of the staff employed by the separate business entity and the respective remuneration structure; 4) the rules for ensuring performance of the obligations; 5) rules for ensuring transparency of operational procedures, in particular towards other interested persons; 6) the procedure for exercising supervision over the performance of the obligations to be imposed on the business entity. (5) The Consumer Protection and Technical Regulatory Authority may impose on an undertaking which is subject to functional separation the obligations of an undertaking with significant market power in accordance with §§ 51 – 53 of this Act. (6) If the European Commission, by its decision, notifies the Consumer Protection and Technical Regulatory Authority about its consent to imposing the obligation specified in subsection 1 of this section, the Consumer Protection and Technical Regulatory Authority shall conduct an analysis of the different markets related to the access network and may impose obligations on an undertaking with significant market power on such markets in accordance with §§ 43 – 53 of this Act. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] § 56. Voluntary separation of vertically integrated undertaking (1) An undertaking which has been designated as having significant market power in one or more relevant markets pursuant to this Act notifies the Consumer Protection and Technical Regulatory Authority at least three months in advance of its intention to transfer its local access network assets or a substantial part thereof to a separate business entity under different ownership or to establish a separate business entity. The notification must allow the Consumer Protection and Technical Regulatory Authority to assess the impact of the intended changes. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) The undertaking specified in subsection 1 of this section shall notify the Consumer Protection and Technical Regulatory Authority of any change in the specified intention and of the final result of the separation process. (21) The undertaking specified in subsection 1 of this section may offer commitments regarding access conditions that are to apply to its communications network during and after the implementation of the separation process in order to ensure effective and non-discriminatory access by third parties. The offer of commitment may include commitments which are effective for more than five years and must be sufficiently detailed, including in terms of timing of implementation and duration in order to allow the Consumer Protection and Technical Regulatory Authority to perform its functions in accordance with subsection 3 of this section. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) The Consumer Protection and Technical Regulatory Authority assesses the impact of the intended transaction and the commitment specified in subsection 21of this section on the already existing obligations of the undertaking with significant market power. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) The Consumer Protection and Technical Regulatory Authority shall assess the impact of the intended transaction on the already existing obligations of the undertaking with significant market power. (4) The Consumer Protection and Technical Regulatory Authority shall conduct an analysis of different markets related to the access network and may impose on the undertaking's legally or operationally separate business entity the obligations of an undertaking with significant market power in accordance with §§ 43 – 53 of this Act. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] (5) When conducting the analysis specified in subsection 4 of this section, the Consumer Protection and Technical Regulatory Authority takes account of all the commitments offered by an undertaking with significant market power pursuant to subsection 21, consulting beforehand with all the relevant third parties pursuant to the procedure provided in § 47 of this Act. Electronic Communications Act Page 35 / 89