§ 62. Freedom to enter into access or interconnection agreement and its form Communications undertakings have the right to agree on the technical and commercial conditions for access and interconnection, taking account of the provisions of §§ 63–632of this Act and the possible obligations imposed on the communications undertakings pursuant to §§ 50–53 of this Act. The agreement specified in this section is entered into in writing or in a form reproducible in writing. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 63. Imposition of access and interconnection obligations [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (1) The Consumer Protection and Technical Regulatory Authority may impose on a communications undertaking providing network services and controlling access by end-users obligations necessary for ensuring end-to-end connectivity, including for the interconnection of networks or the ensuring of interoperability of communications services. (2) In justified cases, the Consumer Protection and Technical Regulatory Authority may impose obligations on providers of number-independent interpersonal communications services which reach a significant level of coverage and user uptake in order to make the interpersonal communications services interoperable and to ensure end-to-end connectivity between end-users. (3) The Consumer Protection and Technical Regulatory Authority may impose the obligations specified in subsection 2 of this section if the European Commission has established implementing measures specifying the nature and scope of the obligations. The obligations may include the obligation of the service provider to publish and allow the use, modification and redistribution of relevant information by the state or local government or other service providers, or to use or implement standards or specifications. (4) The Consumer Protection and Technical Regulatory Authority may impose on a communications undertaking providing network services the obligation to ensure access to the application program interfaces (API) and electronic programme guides (EPG) on fair, reasonable and non-discriminatory conditions if this is necessary to ensure accessibility for end-users to digital radio and television programmes. (5) If a communications undertaking providing network services is entitled, pursuant to the legislation, to install facilities on, above or below public or private property, the Consumer Protection and Technical Regulatory Authority may impose on a communications undertaking providing network services the obligations for shared use or co-location of network equipment or other assets installed on such basis and used for the provision of network services, including line facilities and cabling inside or outside of buildings, up to the intermediate distribution point, pursuant to the provisions of clauses 1 and 2 of subsection 2 of § 60 of this Act. The Consumer Protection and Technical Regulatory Authority may impose the obligations provided in this subsection particularly if other communications undertakings do not have alternative possibilities for access due to environmental, health protection, building or planning requirements or public security. (6) The obligation specified in subsection 5 of this section may mean that a communications undertaking providing network services must cover a proportional share of the costs related to sharing or co-location or tolerate that line facilities, equipment or other assets are used by another communications undertaking. (7) The Consumer Protection and Technical Regulatory Authority may impose obligations specified in this section on a communications undertaking providing network services regardless of whether the undertaking has been designated as having significant market power. (8) Before imposing the obligations provided in this section and in §§ 631and 632of this Act, it is consulted pursuant to the procedure provided in §§ 47–481. (9) The Consumer Protection and Technical Regulatory Authority informs a communications undertaking of a decision specified in this section or in §§ 631and 632of this Act within five working days by post or electronic means and publishes the decision on its website within seven working days after the decision is made. (10) The Consumer Protection and Technical Regulatory Authority is required to provide information about the type, availability and geographical location of the facilities specified in clauses 1 and 2 of subsection 2 of § 60 of this Act to an interested person on the basis of an application from such person. The specified facilities and conditions for access thereto are not deemed to be a business secret. (11) The Consumer Protection and Technical Regulatory Authority reviews the obligations imposed on the basis of subsections 1–4 of this section, subsections 1 and 2 of § 631and subsections 1, 3 and 5 of § 632of this Act when five years have passed from their imposition and decides on the need to modify or withdraw the specified obligations. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] Page 40 / 89 Electronic Communications Act