1. The Communications Regulatory Authority may impose obligations of nondiscrimination, in relation to access, on an operator having significant market power on the
relevant market so that the operator does not discriminate against other undertakings and, in
particular, applies equivalent conditions in equivalent circumstances to other undertakings
providing equivalent services, and provides services and information to others under the
same conditions and of the same quality as it provides for its own services, or those of its
subunits or subsidiaries.
2. The Communications Regulatory Authority must impose the obligation defined
in paragraph 1 above, where necessary, to ensure that vertically integrated undertakings
controlled by the State or municipalities, which provide electronic communications
networks built subject to exclusive or special rights and which have significant market
power, do not discriminate against other undertakings thus giving advantage to their own
operations.
Article 20. Obligation of accounting separation
1. The Communications Regulatory Authority may impose obligations for
accounting separation in relation to specified activity or activities related to access on an
operator having significant market power on the relevant market.
2. The Communications Regulatory Authority shall establish the rules on accounting
separation and the related requirements, including the auditing requirement.
Article 21. Obligation to provide access
1. The Communications Regulatory Authority may impose obligations on an
operator having significant market power on the relevant market to satisfy reasonable
requests by other undertakings for access to, and use of, specific network elements and
associated facilities, including:
1) to provide access to specific network elements and/or other facilities of
undertakings, including access to a network of passive elements, and/or unbundled access
to the local loop, in order to allow provider of public fixed telephone service, in advance
and on an individual basis, make his choice, and/or submit a proposal to provide the
wholesale local loop for provision of public telephone services;
2) to negotiate in good faith with undertakings requesting access;
3) not to withdraw access to facilities already granted;
4) to provide specified services for resale;
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