7) the obligation related to the recovery of costs for access or interconnection and price controls as well as the obligation related to cost orientation of charges and cost accounting systems in accordance with § 52 of this Act; 8) the obligation relating to functional separation in accordance with § 55 of this Act. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] (2) The Consumer Protection and Technical Regulatory Authority may impose obligations not specified in subsection 1 of this section on an undertaking with significant market power. In such case the Consumer Protection and Technical Regulatory Authority shall take guidance from the provisions provided for in subsection 8 of § 481of this Act. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] § 51. Obligations related to interconnection of networks and equipment and provision of access thereto on undertaking with significant market power (1) In the framework of the obligation specified in clause 5 of subsection 1 of § 50 of this Act, the Consumer Protection and Technical Regulatory Authority may additionally require an undertaking with significant market power to: [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 1) provide a communications undertaking with access to specific network elements or network facilities, including full access or shared access to the local loop or local sub-loop; [RT I, 23.03.2011, 1 – entry into force 25.05.2011] 11) provide another communications undertaking with access to elements and services of an active or virtual communications network; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 12) provide another communication undertaking with mandated access to buildings, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives provided in § 134 of this Act; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 2) negotiate in good faith with communications undertakings requesting access; 3) maintain already granted access; 4) provide specific services on a wholesale basis for resale of such services by communications undertakings; 5) grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; [RT I, 17.05.2016, 1 – entry into force 13.06.2016] 6) to provide co-location or other forms of facility sharing, including sharing of ducts, buildings or masts; 7) provide services necessary to ensure interoperability of end-to-end services to end-users, including facilities for intelligent network services or roaming service on mobile networks; [RT I 2007, 63, 397 – entry into force 17.12.2007] 8) provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; 9) interconnect networks or network facilities; 10) [repealed – RT I, 15.12.2021, 1 – entry into force 01.02.2022] 11) [repealed – RT I, 15.12.2021, 1 – entry into force 01.02.2022] 12) provide access to an associated service. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] (11) When considering whether the provisions of subsection 1 of this section are necessary and proportionate to the objectives provided in § 134 of this Act, the Consumer Protection and Technical Regulatory Authority analyses whether other forms of access to wholesale services, either on the same or on a related wholesale market, would be sufficient to address the identified problem in the end-user's interest. The specified analysis includes commercial access offers, the access provided in Chapter 6 of this Act or existing or planned access to other wholesale inputs pursuant to this section. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) When conducting the analysis provided in subsection 11of this section, the Consumer Protection and Technical Regulatory Authority asses primarily the following conditions: [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 1) the technical and economic feasibility of using or installing competing facilities, in the light of the rate of market development and taking into account the nature and type of interconnection and access involved, including feasibility of access to ducts; [RT I, 23.03.2011, 1 – entry into force 25.05.2011] 11) the expected technological development affecting the design and management of communications networks; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 12) the need to ensure technology neutrality enabling the communications undertakings to design and manage their own communications networks; Electronic Communications Act Page 31 / 89