[RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 563. Specifications to undertaking with significant market power engaging only in wholesale (1) When designating an undertaking with significant market power engaged only in wholesale, the Consumer Protection and Technical Regulatory Authority assesses compliance of the undertaking with the following conditions: 1) all business units of the undertaking and companies that are controlled by the same owner and all shareholders capable of exercising control over the undertaking act in the European Union in the wholesale market for communications services and not in any retail market for communications services provided to endusers; 2) the undertaking is not bound to deal with a single and separate undertaking operating downstream that is active in any retail market for communications services provided to end-users, because of an exclusive agreement, or an agreement which de facto amounts to an exclusive agreement. (2) If the conditions specified in subsection 1 of this section are fulfilled, the Consumer Protection and Technical Regulatory Authority may impose on the undertaking only obligations provided in clauses 1 and 5 of subsection 1 of § 50 and in § 51 of this Act or relative to fair and reasonable pricing if justified on the basis of a market analysis including a prospective assessment of the likely behaviour of the undertaking designated as having significant market power. (3) The Consumer Protection and Technical Regulatory Authority reviews the obligations specified in subsection 2 of this section if the conditions specified in subsection 1 are no longer fulfilled. An undertaking must notify the Consumer Protection and Technical Regulatory Authority immediately of changes in the conditions specified in subsection 1 of this section. (4) The Consumer Protection and Technical Regulatory Authority reviews the obligations specified in subsection 2 of this section if on the basis of an analysis of the terms and conditions offered by the undertaking to its downstream customers it concludes that competition problems have arisen or are likely to arise to the detriment of end-users which require the imposition of the obligations provided in clauses 1–5 of subsection 1 and in subsection 2 of § 50, in subsections 1–7 of § 52, in subsections 1 and 4 of § 53 and in subsections 4 and 5 of § 54 of this Act or the amendment of the obligations imposed in accordance with subsection 2 of this section. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 564. Migration from legacy infrastructure (1) An undertaking with significant market power is required to notify the Consumer Protection and Technical Regulatory Authority in advance and in a timely manner of its plan to decommission legacy infrastructure or replace it with a new infrastructure. (2) The Consumer Protection and Technical Regulatory Authority ensures that the commissioning or replacement of legacy infrastructure includes a transparent timetable and conditions, including an appropriate notice period for transition and alternative products for access to the upgraded network infrastructure, which are of at least comparable quality with access products used in the legacy infrastructure and enable to reach the same end-users where necessary to safeguard competition and the rights of end-users. For this purpose, the Consumer Protection and Technical Regulatory Authority may impose obligations related to migration from the legacy infrastructure on undertakings with significant market power. (3) In case of decommissioning or replacement of legacy infrastructure by the undertaking specified in subsection 1 of this section, the Consumer Protection and Technical Regulatory Authority may withdraw the obligations imposed in respect of access to legacy infrastructure assets if the undertaking with significant market power has: 1) established adequate conditions for migration in order to provide an alternative access product of at least comparable quality with the legacy infrastructure to reach the same end-users; 2) fulfilled the obligations related to migration from the legacy infrastructure provided in subsection 2 of this section imposed by the Consumer Protection and Technical Regulatory Authority. (4) If the obligations related to access to legacy infrastructure assets are withdrawn, the Consumer Protection and Technical Regulatory Authority must observe the consultation requirements provided in §§ 47–481of this Act. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 57. Obligations of undertaking with special or exclusive rights [RT I, 05.07.2013, 1 – entry into force 15.07.2013] A communications undertaking which has special or exclusive rights for the provision of services in another sector in Estonia or in another Member State of the European Union shall keep separate accounts of the expenditure and revenue relating to the provision of communications services and of the expenditure and revenue relating to the activities in another sector to the extent that would be required if these activities were carried out by legally independent undertakings. The communications undertaking which has the Page 38 / 89 Electronic Communications Act