(5) The Consumer Protection and Technical Regulatory Authority may impose an obligation on the communications undertakings benefiting from the obligation of sharing passive infrastructure or the access obligation to share a radio frequency with the owner of the infrastructure of such area in the relevant area. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 64. Conditions for performance of access and interconnection obligations (1) If the Consumer Protection and Technical Regulatory Authority has imposed an access or interconnection obligation on a communications undertaking in accordance with clause 5 of subsection 1 of § 50 or §§ 63– 632of this Act, the respective communications undertaking is required to enter into an interconnection or access agreement and ensure access to networks, equipment or services and interconnect the networks and equipment within a reasonable term set by the Consumer Protection and Technical Regulatory Authority, taking into account that the communications undertaking obliged to provide access or interconnection may need to create technical conditions, including to install equipment, for the provision of interconnection or access. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (2) A communications undertaking whereon the Consumer Protection and Technical Regulatory Authority has imposed an access or interconnection obligation is required, upon performance of the access or interconnection obligation, to comply with the following requirements in accordance with the nature of the obligation: [RT I 2007, 66, 408 – entry into force 01.01.2008] 1) ensure the use of the network equipment, buildings and line facilities under equal conditions and with equal quality as compared to these offered by the undertaking to its parent company or subsidiaries, subscribers or business partners; 2) enable an undertaking which has submitted an application for access or interconnection to obtain information necessary for access and interconnection; 3) use the information obtained in connection with access or interconnection only for the provision of the respective service and not to disclose it to third parties, in particular other structural units, subsidiaries or partners, for whom such information could provide a competitive advantage, unless otherwise provided by law; [RT I 2007, 63, 397 – entry into force 17.12.2007] 4) not to restrict the access of its subscribers to the services provided by another communications undertaking. (3) The list set out in subsection 2 of this section does not preclude the obligation to comply with the requirements not listed therein if the obligation arises from law or the obligation to negotiate in good faith. § 65. Refusal to provide access or interconnection (1) A communications undertaking may terminate pre-contractual negotiations and refuse to enter into an access or interconnection agreement if: 1) the creation of technical conditions for interconnection or access is unreasonably burdensome or 2) the interconnection or access damages the integrity of its network. (2) A communications undertaking which, pursuant to this Act, has the obligation to ensure access to the local loop may refuse to provide access in addition to the bases specified in subsection 1 of this section also if the end-user using the respective local loop has not consented thereto or the access endangers the inviolability of private life. [RT I, 23.03.2011, 1 – entry into force 25.05.2011] § 66. Restriction of access (1) A communications undertaking which has entered into an access or interconnection agreement may restrict access to the communications network by the other party to the contract if: 1) the other party has failed to pay for the provided services in a timely manner, 2) the other party has connected to the communications network terminal equipment which is not in working order or is not in compliance with the requirements and it interferes with the operation of the communications network or other subscribers of the communications undertaking, 3) the restriction of the provision of communications services is necessary for the installation, repair, exchange or maintenance of the equipment or line facilities of the communications network, 4) the other communications network connected or interconnected to the communications network which enables provision of services does not conform with the access or interconnection requirements and smooth interoperability of such networks is not ensured, 5) the integral operation of the communications network is endangered, 6) this is necessary to ensure the protection of personal data and other data to the extent provided by law, 7) this is necessary due to an emergency situation, a state of emergency or a state of war, 8) this is prescribed in the access or interconnection agreement or 9) this arises from legislation. (2) Restriction of access on the bases prescribed in clauses 1 and 4 of subsection 1 of this section is permitted on the condition that a communications undertaking notifies the other party to the agreement of the restriction of access at least 30 days in advance. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] Page 42 / 89 Electronic Communications Act