§ 631. Imposition of access obligation to communications networks inside buildings (1) The Consumer Protection and Technical Regulatory Authority has the right, upon a reasonable request of an interested party, to impose an obligation on a communications undertaking or the owner of network elements to grant access to wiring and cables and associated facilities and services belonging thereto inside buildings or up to the first concentration or distribution point of the wiring outside the building, where duplication of such network elements is economically inefficient or physically impracticable, taking into account transparency, non-discrimination and sharing of access costs. If justified on technical or economic grounds, the Consumer Protection and Technical Regulatory Authority may impose access obligations on active or virtual communications networks. (2) If it appears as a result of a market analysis that the obligation specified in subsection 1 of this section is not sufficient, the Consumer Protection and Technical Regulatory Authority may extend the scope of the specified obligation beyond the first concentration or distribution point, to a point that it determines to be the closest to end-users, capable of hosting a sufficient number of end-user connections to be commercially viable for efficient access seekers. Upon extending the specified obligation, the Consumer Protection and Technical Regulatory Authority takes into account the guidelines of BEREC. (3) The Consumer Protection and Technical Regulatory Authority does not exercise the right to extend the obligation specified in subsection 2 of this section where: 1) imposition of the obligation would compromise the economic viability of deployment of a new network; 2) the communications undertaking fulfils the conditions provided in subsection 1 of § 563of this Act and makes available a viable and similar alternative means of reaching end-users by providing access to a very high capacity network to other communications undertakings on fair, non-discriminatory and reasonable terms and conditions. (4) The Consumer Protection and Technical Regulatory Authority may apply the exemption specified in clause 2 of subsection 3 of this section also to other communications undertakings offering access to a very high capacity network on fair, non-discriminatory and reasonable terms and conditions. (5) The Consumer Protection and Technical Regulatory Authority may choose not to apply the right provided in clause 2 of subsection 3 of this section if construction of the communications network has been partially or wholly financed from the state or local government budget. (6) Upon determining the location of the communications network termination point, the Consumer Protection and Technical Regulatory Authority takes into account the guidelines of BEREC. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 632. Imposition of sharing obligation of radio communications network (1) The Consumer Protection and Technical Regulatory Authority has the right to impose obligations on communications undertakings in relation to the sharing of passive infrastructure of radio communications networks or entry into localised roaming access agreements if necessary for the provision of communications services which rely on the use of radio frequencies and provided that no access to end-users is offered to any communications undertaking on fair and reasonable terms and conditions. (2) The Consumer Protection and Technical Regulatory Authority has the right to impose the obligations specified in subsection 1 of this section if this is provided in the terms and conditions of the frequency authorisation and if market-based deployment of communications services or networks using radio frequencies is subject to economic or physical obstacles in the area designated by the frequency authorisation due to which access to communications services by end-users is restricted or absent. (3) If implementation of the obligations specified in subsection 1 of this section yields no results, the Consumer Protection and Technical Regulatory Authority may impose an obligation on communications undertakings to share active infrastructure. (4) Upon imposing the obligations specified in subsections 1 and 3 of this section, the Consumer Protection and Technical Regulatory Authority takes into account: 1) the need to increase connectivity along major transport paths and in specific territorial areas of the European Union; 2) the possibility of increasing choice and quality of communications services for end-users; 3) the efficient use of radio frequencies; 4) the technical feasibility of sharing infrastructure and associated conditions; 5) the state of infrastructure-based as well as communications services-based competition; 6) technological innovation; 7) the readiness of the infrastructure owner to deploy infrastructure. Electronic Communications Act Page 41 / 89