[RT I, 15.12.2021, 1 – entry into force 01.02.2022] (6) As a result of the analysis specified in subsection 4 of this section, the Consumer Protection and Technical Regulatory Authority may amend the decision on designating an undertaking with significant market power specified in § 49 of this Act, applying § 563if necessary. The Consumer Protection and Technical Regulatory Authority may, by its decision, make the commitments specified in subsection 21of this section binding on the communications undertaking either wholly or in part. The effective term of the commitments may differ from the term established for the conduct of the market analysis specified in subsection 1 of section § 442of this Act. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (7) The Consumer Protection and Technical Regulatory Authority monitors the implementation of the commitments offered by the communications undertaking which it has made binding in accordance with subsections 4 and 6 of this section and considers their extension if necessary. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 561. Co-investment in very high capacity communications network (1) An undertaking with significant market power may propose to the Consumer Protection and Technical Regulatory Authority in accordance with § 562of this Act that it assumes an obligation to offer communications undertakings an opportunity to co-invest in a new, very high capacity communications network that it opens for co-investment up to the base station or end-user premises. Such co-investment includes for example coownership or long-term risk sharing through co-financing or through purchase agreements giving rise to specific rights of a structural character for other communications undertakings. (2) Upon assessing the commitment specified in subsection 1 of this section, the Consumer Protection and Technical Regulatory Authority proceeds from the following criteria: 1) the undertaking with significant market power provides access to the full capacity of the communications network on fair, reasonable and non-discriminatory terms, flexibility in terms of the value and timing of the participation of each co-investor, the possibility of a co-investor to increase its participation in the future, and reciprocal rights awarded by the co-investors after the deployment of the co-invested infrastructure; 2) the undertaking makes the co-investment offer public in a timely manner and, where the communications undertaking does not comply with the conditions specified in clause 1 of § 563of this Act, at least six months before deployment of the new communications network; 3) communications undertakings not participating in the co-investment are provided with the same quality, speed, conditions and end-user reach as before the deployment of the new very high capacity communications network that is accompanied by a mechanism of adoption over time approved by the Consumer Protection and Technical Regulatory Authority in light of developments on the related retail markets and that maintains the incentives to participate in the co-investment; 4) the co-investment offer is open to all communications undertakings over the lifetime of the network built under a co-investment offer on a non-discriminatory basis; 5) the undertaking designated as having significant market power may include in the offer reasonable conditions regarding the financial capacity of any undertaking, so that for instance potential co-investors need to demonstrate their ability to deliver phased payments on the basis of which the deployment is planned and to accept a strategic plan on the basis of which medium-term deployment plans are prepared; 6) the co-investment offer is published on the website of the undertaking with significant market power; 7) full detailed terms are made available without undue delay to any potential bidder that has expressed an interest, including the legal form of the co-investment agreement and, when relevant, the heads of term of the governance rules of the co-investment vehicle; 8) the procedure for making available specified in clause 7 of this subsection as well as the road map for the establishment and development of the co-investment project are established in advance and each potential coinvestor is provided with an opportunity to present written explanations thereon and all significant milestones are clearly communicated to all communications undertakings without any discrimination; 9) all communications undertakings are provided with fair, reasonable and non-discriminatory terms and conditions upon joining the co-investment, including in terms of financial consideration required for the acquisition of specific rights, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, and in terms of the conditions for joining and potentially terminating the co-investment agreement; 10) the co-investment offer allows flexibility in terms of the value and timing of the commitment provided by each co-investor; 11) the determination of the financial consideration to be provided by each co-investor needs to reflect the fact that early investors accept greater risks and engage capital sooner; 12) a premium increasing over time is considered to be justified for commitments made at later stages and for new co-investors entering the co-investment after the commencement of the project; 13) the co-investment agreement allows the assignment of acquired rights by co-investors to other co-investors, or to third parties willing to enter into the co-investment agreement subject to the transferee undertaking being obliged to fulfil all original obligations of the transferor under the co-investment agreement; 14) the co-investment offer ensures a sustainable investment and meets all future needs by deploying new network elements that contribute to the deployment of very high capacity networks. (3) In addition to the criteria specified in subsection 2 of this section, the Consumer Protection and Technical Regulatory Authority may consider upon assessment any additional criteria to the extent they are necessary to Page 36 / 89 Electronic Communications Act