communications networks to ensure access to application program interfaces or access to electronic
programme guides on fair, objective and non-discriminatory terms.
Article 161. (1) The undertakings providing public electronic communications networks for
distribution of digital television services shall ensure that the networks of the said undertakings are
capable of distributing wide-screen television services and programme services.
(2) The undertakings providing public electronic communications networks that receive and
redistribute wide-screen television services shall maintain the same wide-screen television format.
Article 162. (1) The undertakings providing public electronic communications network and/or
services and the staff thereof shall respect the requirements for confidentiality with regard to the
information received in the course of or in connection with negotiations on access and/or
interconnection, and shall use the said information solely for the purposes for which it was intended.
(2) The information referred to in Paragraph (1) shall not be provided to any parties whereto such
information could ensure competitive advantages.
(3) The undertakings providing public electronic communications network and/or services shall be
obligated to provide the information referred to in Paragraph (1) relating to access and/or
interconnection to the Commission for exercise of the powers thereof under this Chapter.
Article 163. (Amended, SG No. 105/2011, effective 29.12.2011) The Commission may intervene
on matters of access and/or interconnection on its own initiative and where justified, with a view to
attaining the purposes covered under Article 4 herein, respecting the principles referred to in Article 5
and complying with the requirements of this Act.
Article 164. The terms and procedure for establishment of access and/or interconnection shall be
established by an ordinance adopted by the Commission, which shall be promulgated in the State
Gazette.
Article 165. (Supplemented, SG No. 105/2011, effective 29.12.2011) Undertakings providing
public electronic communications networks and/or services within the territory of another Member-State
of the European Union may request access and/or interconnection according to the procedure
established by this Chapter without submitting a notification to the Commission in case they do not
provide services and do not maintain networks within the territory of Bulgaria.
Section II
Specific Obligations for Access and Interconnection
(Heading amended, SG No. 105/2011, effective 29.12.2011)
Article 166. (1) The Commission may impose, maintain, amend or withdraw specific obligations
on undertakings with significant market power on a relevant market to provide efficient access and/or
interconnection, and interoperability of services, to the benefit of end-users and to encourage effective
competition.
(2) The Commission may impose the following obligations referred to in Paragraph (1) for
attainment of the purposes covered under Article 4 herein:
1. transparency;
2. non-discrimination;
3. accounting separation;
4. access to and use of necessary network means and facilities;
5. price controls, including obligations relating to cost orientation.
(3) (New, SG No. 105/2011, effective 29.12.2011) For attainment of the purposes covered under
Article 4 herein, the Commission may, in exceptional cases, impose functional separation and other
obligations for access and/or interconnection, in addition to the obligations provided for in Paragraph
(2), after obtaining consent from the European Commission.
(4) (Renumbered from Paragraph (3), SG No. 105/2011, effective 29.12.2011) In implementing