(2) A decision to designate an undertaking as having significant market power specified in subsection 1 of this
section shall be delivered to the undertaking with significant market power within five days after the decision is
made.
(3) The list of undertakings with significant market power and the list of obligations imposed on undertakings
with significant market power and a decision not to designate an undertaking with significant market power
shall be published on the website of the Consumer Protection and Technical Regulatory Authority and in the
official publication Ametlikud Teadaanded.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(4) In the decision specified in subsection 1 of this section, the Consumer Protection and Technical Regulatory
Authority shall grant to the undertaking designated as having significant market power a reasonable term for the
performance of an obligation provided therein.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(5) If the Consumer Protection and Technical Regulatory Authority finds that the performance of an obligation
imposed on an undertaking by a decision made in accordance with subsection 1 of this section does not ensure
competition in the specific market, the Consumer Protection and Technical Regulatory Authority shall prepare
a new draft decision for the imposition of a new obligation on the undertaking with significant market power by
amending the obligation imposed on the undertaking with significant market power in accordance with this Act.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(6) If the Consumer Protection and Technical Regulatory Authority, as a result of the market analysis provided
in §§ 44 and 441 of this Act, establishes that competition is present in the respective communications services
market, it revokes the decision provided in subsection 1 of this section, notifies the undertaking thereof by post
or electronic means and publishes a notice concerning revocation of the decision in the official publication
Ametlikud Teadaanded. If the Consumer Protection and Technical Regulatory Authority has imposed several
obligations in one or more communications services markets by the same decision and competition is present
in part of the markets or in sectors related to part of the obligations, the Consumer Protection and Technical
Regulatory Authority revokes the decision partially.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
(7) Upon making the decision specified in subsection 6 of this section, the Consumer Protection and Technical
Regulatory Authority may establish conditions in connection with the current access agreement, setting a
reasonable term for compliance therewith.
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
§ 50. Obligations related to access and interconnection on undertaking with significant market power
(1) The Consumer Protection and Technical Regulatory Authority may impose on a communications
undertaking designated as having significant market power the following obligations related to interconnection
and access in the respective market:
[RT I 2007, 66, 408 – entry into force 01.01.2008]
1) the obligation to publish information related to access or interconnection concerning cost accounting,
charges, technical specifications, network characteristics and developments, conditions for provision of services,
including such conditions which restrict access to services and their application and use, in particular in
connection with migration from legacy infrastructure, primarily copper networks or communications networks
of equivalent quality, to new infrastructure, primarily fibre optic networks or communications networks of
equivalent quality;
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
2) the obligation to publish a reference offer regarding a specific access or interconnection service which must
contain the conditions for the provision of the respective service, including charges, in accordance with § 53 of
this Act;
3) the obligation of non-discrimination which must ensure that an undertaking with significant market power
and in particular a vertically integrated undertaking with significant market power which provides services,
including access products and services, to undertakings with which it competes at the retail level applies
equivalent conditions in the same circumstances to other undertakings providing similar services, and that an
undertaking with significant market power provides services and discloses information to such undertakings
under the same conditions and of the same quality as in the case of itself or its subsidiaries or partners;
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
4) the obligation to maintain separate records of activities related to interconnection or access in the framework
of which the Consumer Protection and Technical Regulatory Authority may require a vertically integrated
undertaking to make transparent its wholesale prices and its internal transfer prices, establishing a corresponding
form and accounting methodology for this purpose;
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
5) the obligation to meet a reasonable request of another communications undertaking for access to, and use
of, specific buildings, network elements and associated facilities in accordance with § 51 of this Act if refusal
to provide access or access under unreasonable conditions would hinder the development of competition at the
retail level or would be to the detriment of the end-users' interest;
[RT I, 15.12.2021, 1 – entry into force 01.02.2022]
6) [Repealed – RT I, 23.03.2011, 1 – entry into force 25.05.2011]
Page 30 / 89
Electronic Communications Act