market, as well as incentives to invest in the electronic communications market in order to
ensure social and territorial cohesion, impact on other interested persons, including the
expected impact on competition and the likely consequences for consumers;
4) evaluation of the reasons underlying implementation of effectiveness of this
obligation for elimination of competition problems for the provision of access in respective
market.
4. In the decision, which is to impose the functional separation obligation, the
Communications Regulatory Authority shall state:
1) the exact nature and level of functional separation;
2) assets to be separated and access to be provided;
3) the governance arrangements to ensure structural staff and promotion
independence;
4) the rules ensuring compliance with the obligation;
5) the rules for ensuring business process transparency, particularly with regard to
the persons concerned;
6) monitoring program of compliance with the obligation, including publication of
the annual report.
5. The decision of the Communications Regulatory Authority to set, leave effective,
amend or repeal obligations shall be made only after the analysis of wholesale market for
provision of relevant access and in accordance with the rules applied to cases referred to in
Article 11(1) of this Law, and, mutatis mutandis, the rules laid down in Article 16 of this
Law.
6. The Communications Regulatory Authority shall have the right to impose on the
undertaking, which has a functional separation obligation, the obligations provided for in
Article 18, 19, 20, 21, 22 and 23 or other obligations which are legitimate, consistent with
the nature of the identified problem, proportionate and justified by electronic
communications regulatory principles and purposes and which are not provided for in
Article 18, 19, 20, 21, 22 and 23 of this Law, if the European Commission allows it.
Article 232. Voluntary separation of a vertically integrated undertaking
1. With the intention to separate the management of all assets of the access to the
network or a substantial part of the management of the undertaking from other activities of
this undertaking or with the intention to transfer assets related to network access or a
substantial part of the assets by the right of ownership to another undertaking, with which it
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