(2) Upon imposition of the requirements covered under Paragraph (1), the Commission may attach
conditions covering fairness, reasonableness and timeliness.
Article 175. (Amended, SG No. 105/2011, effective 29.12.2011) The Commission shall impose
the obligation referred to in Article 173 herein for attainment of the purposes covered under Article 4
herein, adhering to the principle of proportionality and taking into consideration:
1. (amended, SG No. 105/2011, effective 29.12.2011) the technical and economic viability of
using or installing facilities by competing undertakings providing public electronic communications
networks and/or services, in the light of market development and the nature and type of interconnection
and access involved;
2. the feasibility of providing access, in relation to the capacity available;
3. (amended, SG No. 105/2011, effective 29.12.2011) the initial investments made by the
infrastructure owner, taking account of any public investment made and the risks involved in making the
said investment;
4. (amended, SG No. 105/2011, effective 29.12.2011) the need to safeguard competition in the
long term, and more specifically economically efficient infrastructure-based competition;
5. the relevant intellectual property rights;
6. the provision of pan-European services;
7. specific obligations imposed on the same undertaking on neighbouring related markets.
Article 175a. (New, SG No. 105/2011, effective 29.12.2011) (1) When imposing the obligation
referred to in Article 173 herein, the Commission may lay down technical or operational conditions to
be met by the undertaking providing the access and or by the undertaking benefiting from the said
access, where necessary to ensure normal operation of the network.
(2) In case the conditions referred to in Paragraph (1) include following technical standards and/or
standardization deliverables, the obligations shall be in compliance with the requirements of Section II
of Chapter Sixteen herein.
Article 176. (Repealed, SG No. 105/2011, effective 29.12.2011).
Article 177. (Amended and supplemented, SG No. 17/2009, repealed, SG No. 105/2011, effective
29.12.2011).
Section IV
Protected Services and Conditional Access
Article 178. (1) Protected services shall be the following services, provided on the basis of
conditional access and against remuneration:
1. radio broadcasting;
2. television broadcasting;
3. Information Society services;
4. provision of conditional access to the services referred to in Items 1, 2 and 3.
(2) Access to a protected service covered under Paragraph (1) shall be allowed by means of a
conditional access device provided by the protected service provider.
(3) (New, SG No. 17/2009) It shall be an infringement to carry out an activity including the
manufacture, import, distribution, sale, rental, possession, installation, maintenance, replacement or
promotion for commercial purposes of illicit devices giving access to a protected service.
Article 179. (1) The systems for conditional access to digital radio and television programme
services, irrespective of the means of conveyance, shall ensure the undertakings providing electronic
communications networks a technical capability for cost-effective access to the control of protected
services provided on the basis of conditional access.
(2) The undertakings referred to in Paragraph (1), controlling conditional access systems, shall
offer the radio and television broadcasters and the protected service providers a technical capability