including other divisions of the undertaking, its subsidiaries or partners.
Article 27
Obligations of electronic communications undertakings
Where an electronic communications undertaking is deemed to have significant market power, PTA may
impose on it obligations concerning transparency, non-discrimination, accounting separation, open
access to specific network facilities, price control and cost accounting, as necessary for the purpose of
strengthening effective competition.
Article 28
Access to networks and services
PTA may instruct electronic communications undertakings with significant market power to meet normal
and reasonable requests for open access to public electronic communications networks, network
elements, and associated facilities
under certain conditions prescribed by the Administration, cf. however the third paragraph.
Electronic communications undertakings may be required inter alia:
a. to provide access to individual network elements or facilities, including unbundled access to local
loops,
b. to offer specified services on a wholesale basis for resale by third parties,
c. to authorise open access to technical interfaces, protocols or other key technologies which are
necessary to insure interoperability of services or virtual network services,
d. to offer co-location or joint utilisation, including joint utilisation of cable ducts, buildings or masts,
e. to offer services which insure interoperability of services to users, including intelligent network services
or roaming on mobile networks,
f. to offer access to operational support systems or similar software systems necessary to ensure
competition in the provision of services,
g. to interconnect networks or network facilities,
h. to provide access for virtual networks,
i. to provide access to other essential facilities.
In determining whether to impose the obligations referred to in the first paragraph, PTA shall take into
consideration whether it is:
a. technically and financially realistic to use or install competing facilities in view of market developments
and the nature and type of interconnection and access involved,
b. feasible to provide the access proposed,
c. justifiable, in view of the original investment by the owner of the facility and the risk taken in making the
investment,
d. to the advantage of competition in the longer term,
e. inappropriate, in view of intellectual property rights,
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