Article 172e. (New, SG No. 105/2011, effective 29.12.2011) (1) In case an undertaking with
significant market power on one or several relevant markets intends to transfer all or part of the local
access network assets thereof to an unrelated legal person or to establish a separate legal entity for
provision of access on equivalent terms to all undertakings providing retail services, including to its own
retail divisions, the said undertaking shall inform the Commission of the said intent three months in
advance.
(2) The undertaking referred to in Paragraph (1) shall notify the Commission of the final outcome,
as well as of any change of the intents thereof.
Article 172f. (New, SG No. 105/2011, effective 29.12.2011) (1) The Commission shall assess the
effect of the transfer of local access network assets by conducting a coordinated analysis of the different
markets related to the local access network according to the procedure established by Article 151 herein.
(2) On the basis of the analysis and the assessment referred to in Paragraph (1), the Commission
shall impose, maintain, amend or withdraw obligations imposed according to the procedure established
by this Act on the undertaking referred to in Article 172e (1) herein.
(3) The Commission may impose on the undertaking which has acquired local access network
assets all or any of the obligations referred to in Article 166 (1) and (2) herein in a relevant market for
which the said undertaking has been designated as an undertaking with significant market power
thereon.
Section III
Access to and Use of Necessary Network Elements and Facilities
(Heading amended, SG No. 105/2011, effective 29.12.2011)
Article 173. (Amended, SG No. 105/2011, effective 29.12.2011) The Commission may decide to
impose on an undertaking with significant market power an obligation to provide access to and use of
necessary network elements and/or facilities, inter alia in situations where the denial of access, or setting
of terms and conditions having a similar effect to denial, would hinder the emergence of a sustainable
competitive market of retail services or would be detrimental to end-users.
Article 174. (1) The Commission may impose the obligation referred to in Article 173 herein,
requiring the undertaking:
1. (amended, SG No. 105/2011, effective 29.12.2011) to give third parties access to specific
network elements and/or facilities, including access to network elements which are not active, for the
purpose, inter alia, of ensuring unbundled access to the local loop, to ensure access for the purpose of
provision of carrier selection services for each call and/or on subscriber basis, as well as to ensure access
for provision of the wholesale subscriber line rental service;
2. to negotiate in good faith with undertakings requesting access;
3. not to withdraw access already granted;
4. to provide specified services on a wholesale basis for resale by third parties;
5. to grant open access to technical interfaces, protocols or other key technologies that are
indispensable for the interoperability of services or for provision of virtual network services;
6. (amended, SG No. 105/2011, effective 29.12.2011) to provide co-location or other forms of
sharing of associated facilities;
7. to provide specified services needed to ensure interoperability of end-to-end services to users,
including means for intelligent network services or roaming on mobile networks;
8. to provide access to operational support systems or similar software systems necessary to ensure
effective competition in the provision of services;
9. (amended, SG No. 105/2011, effective 29.12.2011) to interconnect networks or network
facilities;
10. (new, SG No. 105/2011, effective 29.12.2011) to give access to associated services.