(3) The Consumer Protection and Technical Regulatory Authority may choose not designate an undertaking which meets the criteria provided for in subsection 2 of this section as having significant market power in the specific services market if the market of the respective services is new and developing and the imposition of obligations in the market may in the long-term restrict the development of the market and preclude the motivation of the undertaking which meets the criteria for an undertaking with significant market power to develop the respective market. [RT I 2007, 66, 408 – entry into force 01.01.2008] (4) Two or more undertakings are in a joint dominant position in a specific communications services market within the meaning of the Competition Act regardless of whether the undertakings are structurally or otherwise connected with each other if the undertakings jointly can operate in the respective market to an appreciable extent independently of competitors, contractual partners and end-users and there is no competition between such undertakings in the market of the respective services. (5) If an undertaking has significant market power in one communications services market, the undertaking may be designated as having significant market power also in another communications services market closely related to the respective market if the two markets are related such that significant market power in one market increases market power in another market as a result of which competition is not present in the other market. (51) In the case specified in subsection 5 of this section the Consumer Protection and Technical Regulatory Authority may impose, in accordance with Chapter 5 of this Act, on the undertaking with significant market power the obligations of non-discrimination, transparency, accounting separation as well as price control and cost accounting also in another closely related communications services market. If the specified obligations prove to be insufficient, the Consumer Protection and Technical Regulatory Authority may impose obligations on the bases provided for in subsections 2 and 3 of § 54 of this Act. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] (6) [Repealed – RT I, 05.07.2013, 1 – entry into force 15.07.2013] (7) Upon determining that an undertaking has significant market power, the Consumer Protection and Technical Regulatory Authority shall propose to designate the undertaking as having significant market power. [RT I 2007, 66, 408 – entry into force 01.01.2008] § 46. Draft decision to designate undertaking as having significant market power (1) The Consumer Protection and Technical Regulatory Authority prepares a draft decision to designate an undertaking as having significant market power, which sets out: [RT I 2007, 66, 408 – entry into force 01.01.2008] 1) the report specified in subsection 1 of § 441of this Act; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 2) the proposal specified in subsection 7 of § 45 of this Act; 3) obligations imposed on the undertaking with significant market power pursuant to subsection 2 of this section. (2) Upon imposing obligations on an undertaking with significant market power, the Consumer Protection and Technical Regulatory Authority shall proceed from the provisions of §§ 50 – 57 of this Act, imposing one or several relevant obligations on the undertaking in the services market in which the proposal to designate the communications undertaking as having significant market power has been made. Upon selecting the obligations the Consumer Protection and Technical Regulatory Authority shall also take account of the recommendations and opinions of the European Commission concerning the electronic communications market as well as the corresponding practices developed in co-operation with the European Union communications market regulators. [RT I, 21.05.2014, 2 – entry into force 01.07.2014] § 47. National consultation (1) The Consumer Protection and Technical Regulatory Authority makes a draft decision not to designate an undertaking as having significant market power specified in subsection 2 of § 441of this Act or a draft decision to designate an undertaking as having significant market power specified in subsection 1 of § 46 of this Act available to the public on its website, omitting information containing business secret. The Consumer Protection and Technical Regulatory Authority sends the specified draft decision to the communications undertaking which the Consumer Protection and Technical Regulatory Authority intends to designate as having significant market power by post and electronic means. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) Interested persons can submit opinions on the draft decision specified in subsection 2 of § 441or subsection 1 of § 46 of this Act after the draft decision is made public. The term for submission of opinions must be at least one month. The communications undertaking whom the Consumer Protection and Technical Regulatory Electronic Communications Act Page 27 / 89