Article 32
Price control
Where a market analysis indicates that a lack of effective competition means that an electronic
communications undertaking with significant market power is demanding excessively high prices or that
the difference between wholesale and retail prices is abnormally little, PTA may impose obligations on the
electronic communications undertaking for cost orientation of prices and obligations concerning cost
accounting systems, for the provision of specific types of interconnection or access. Consideration shall
be shown for investments made by the electronic
communications undertaking and for a reasonable rate of return on capital employed, taking into account
the risks involved.
Where an electronic communications undertaking has an obligation that its prices be based on cost plus
a reasonable profit, the burden of proof shall lie with the undertaking concerned.
PTA may require an electronic communications undertaking to prepare a cost model for calculation of
prices.
PTA may, for the purpose of calculating costs, take into consideration the operating costs for similar
services regarded as efficiently operated, take into con-sideration prices on comparable competitive
markets and use cost accounting methodsindependent of those used by the undertaking.
The Minister of Communications may adopt a Regulation1) on arrangements for accounting separation
of electronic communications undertakings' operations, as provided for in Article 31,including the
breakdown by networks and services, and laying down detailed arrangements for cost analysis as
provided for in this Article, for instance, with regard to asset valuation, depreciation, required rate of
return and pre-paration of cost models.
1)Reg. 960/2001.
Article 33
Access to leased lines
Where effective competition does not exist on the market for leased lines or specific types of leased
lines, PTA shall ensure that at least one electronic communications undertaking with significant market
power offer leased lines, of the
type which the PTA regards are needed on the electronic communications market, on a wholesale or
retail basis.
Article 34
Access to local loops
An electronic communications undertaking with significant market power in public electronic
communications networks and telephone services must meet all legitimate and reasonable requests from
electronic communications undertakings for access to local loops and facilities associated with such
access. Fees for access and facilities shall be based on costs, including a normal return on capital
employed.
Electronic communications undertakings with significant market power must make public reference offers
for access to local loops and associated facilities. PTA may require alterations to a reference offer,
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