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The obligation referred to in subsection 1 above may include pricing of a regulated product
or service and price setting. Ficora may impose on an operator with significant market power
with regard to relinquishing access rights and for interconnection an obligation regarding:
1) cost-oriented pricing;
2) pricing based on a reduction of the retail price (retail minus); or
3) fair and reasonable pricing.
A cost-oriented price means a price that is reasonable taking into account the costs of an
efficient operation in producing regulated products or services. The prices available in
comparable competitive markets may be taken into account in defining the cost-oriented price.
If a cost-oriented pricing obligation referred to in subsection 2(1) has been imposed on a
telecommunications operator with significant market power, Ficora may also impose on the
operator of significant market power an obligation regarding the pricing of a regulated product
or service not to charge more than the maximum price set in advance by Ficora. A maximum
price may be set in cases where pricing against the pricing obligation would be detrimental to
said markets and the obligation referred to in subsection 2(1) would not be sufficient to
remove barriers to competition or promote competition in these markets. The maximum price
shall be set for a maximum period of three years.
The pricing obligations referred to in subsections 1–4 shall:
1) promote efficiency and sustainable competition in the communications markets;
2) create benefits for users of communications services:
3) be proportionate in relation to their aims;
4) support enterprises’ investments in the future; and
5) allow a reasonable return on capital tied to regulated operations.
Section 72
Pricing obligation not based on significant market power
In a decision under section 55, Ficora may impose on a telecommunications operator and an
undertaking referred to in section 57(2) pricing obligations referred to in section 71(2)–(5)
when relinquishing access rights or interconnection, if it is necessary to ensure the
relinquishing of access rights or interconnection.
Section 73
Pricing clarification obligation and cost accounting
If, under this Act or in a decision of Ficora, a cost-orientation or non-discriminatory pricing
obligation has been imposed on a telecommunications operator or an undertaking referred to
in section 57(2) or section 196, the operator has an obligation to prove that the price charged
for its product or service is cost-oriented and non-discriminatory when a pricing matter is
being handled by Ficora.
Ficora does not assess the compliance with pricing regulations retroactively.
In assessing the compliance with the pricing obligation, Ficora is not bound to the cost
calculation principles used by the telecommunications operator.
In assessing the pricing obligation, Ficora may, in an individual case, decide on the
maximum price to be charged.
Section 74
Cost-accounting procedures