4. (new, SG No. 105/2011, effective 29.12.2011) conditions for access to operational support
system, as well as to information systems or databases for pre-ordering, provisioning, ordering,
maintaining and repair requests, and billing;
5. (new, SG No. 105/2011, effective 29.12.2011) conditions for unbundled access to the local
loop:
(a) the network elements to which access is offered:
(aa) full and shared unbundled access to the local loop, including full access to a local loop which
is not active;
(bb) full and shared unbundled access to a local sub-loop, including full access to a local sub-loop
which is not active;
(cc) where relevant, access to network elements which are not active for the purpose of roll-out of
backhaul networks;
(dd) where relevant, conditions for duct access enabling the roll-out of access networks;
(b) information on the location of sites of physical access to the network, including distribution
cabinets and distribution frames, availability of local loops, sub-loops and backhaul in specific parts of
the access network and, where relevant, locations of ducts and the availability of space within ducts;
(c) technical conditions related to access to and use of local loops and sub-loops, including
technical characteristics of the twisted pair, optical fibre and equivalent, cable distributors and
associated facilities and, where relevant, technical conditions related to access to ducts;
(d) lead time and conditions for ordering, provisioning procedures and usage restrictions.
(4) The conditions referred to in Item 3 (c) of Paragraph (3) shall be applicable in respect of
undertakings with significant market power on the relevant retail market.
(5) The prices referred to in Item 3 (e) of Paragraph (3) shall have an unbundled structure allowing
charging only for the service required from the undertaking providing public electronic communications
networks, where the said service can be provided independently.
(6) (Amended, SG No. 105/2011, effective 29.12.2011) Where an obligation referred to in Item 4
of Article 166 (2) herein has been imposed on an undertaking providing public electronic
communications networks concerning wholesale network infrastructure access, including unbundled
access to the local loop, the Commission shall impose on the said undertaking an obligation to publish a
reference offer containing at least the conditions referred to in Item 3 (a), (b) and (e), Items 4 and 5 of
Paragraph (3).
(7) By decision adopted according to the procedure established in Article 37 herein respecting the
principles covered under Article 5 herein and for attainment of the purposes covered under Article 4
herein, the Commission shall approve without remarks the reference offers or shall obligate the
undertakings to amend the reference offers thereof.
(8) The individual agreements concluded between the undertakings may not conflict with the
reference offer.
(9) The reference offer may be amended on the initiative of the obligated undertaking or of the
Commission according to the procedure established by Paragraph (7).
Article 168. (Amended, SG No. 17/2009, SG No. 105/2011, effective 29.12.2011) The obligation
to ensure non-discrimination shall entail application of equivalent conditions in similar circumstances to
other undertakings providing equivalent electronic communications services, as well as provision of
services and information under the same conditions and of the same quality as those under which the
undertaking provides its own services and/or which the undertaking offers to the parties related thereto
or to commercial partners.
Article 169. (1) The obligation to ensure accounting separation may be imposed upon provision of
access and/or interconnection.
(2) In case an obligation of non-discrimination under Article 168 herein has been imposed, the
Commission may oblige a vertically integrated undertaking to ensure transparency of the wholesale