5. financial position and institutional development of the Commission and of the administration
thereof;
6. a report on the performance of the activities during the preceding year.
(2) (Amended, SG No. 105/2011, effective 29.12.2011) Upon preparation of the assessment
referred to in Item 4 of Paragraph (1), the Commission on Protection of Competition shall express an
opinion within fourteen days.
(3) The Commission shall publish the report referred to in Paragraph (1) and shall post the said
report on the Internet site thereof.
Article 39. (1) The Commission may establish advisory structures in connection with the exercise
of the powers vested therein.
(2) The decision on establishment of any structures under Paragraph (1) shall designate the head
and composition of the said structures, the procedure for performance of the activity thereof, and the
functions and tasks thereof.
Section III
Provision of Information
Article 40. (1) (Amended, SG No. 105/2011, effective 29.12.2011) The Commission may
approach the undertakings which implement electronic communications with reasoned written requests
for provision of information in an appropriate volume, time limit and details, as shall be necessary for
the performance of the regulatory functions of the Commission, including: financial information;
information concerning future network or service developments that could have an impact on the
wholesale services that they make available to competitors; accounting data on the retail markets that
are associated with those wholesale markets, from undertakings with significant market power on the
wholesale market. The Commission shall state the reasons and the purposes for which the information is
requested in the reasoning to the request for information. The request must be proportionate to and
objectively justified by the following purposes:
1. systematic or case-by-case verification in connection with:
(a) the financing of universal service;
(b) the payment of administrative fees and/or fees for use of a scarce resource;
(c) the effective and efficient use of a scarce resource;
(d) the compliance with the obligations imposed according to the procedure established by this
Act;
2. case-by-case verification of compliance with the requirements of Article 73 herein and the
obligations under Articles 106 and 107, where a complaint has been received or on the initiative of the
Commission;
3. conduct of procedures for consideration and evaluation of a request for granting of an
authorization for use of a scarce resource;
4. publication of comparative reviews of the quality and prices of services for the benefit of
consumers;
5. clearly defined statistical purposes;
6. analysis of the relevant market;
7. ensuring the efficient use and effective management of the radio spectrum;
8. assessment of future network or service developments that could have an impact on the
wholesale services made available to competitors.
(2) (New, SG No. 105/2011, effective 29.12.2011) The information referred to in Items 1, 2, 4 to 8
of Paragraph (1) may not be required prior to, or as a condition for, market access.
(3) (Amended and supplemented, SG No. 109/2007, amended, SG No. 35/2009, effective
12.05.2009, renumbered from Paragraph (2), SG No. 105/2011, effective 29.12.2011) After a reasoned