Article 42. 1. The President of UKE may, in line with the objectives referred to in Article 24
point (2a) and by means of a decision, impose on an operator with significant market power
on whom the obligation of equal treatment according to Article 36 was imposed, or together
with that obligation, the obligation to prepare and submit within a specific time limit a draft
telecommunications access reference offer, the level of detail of which shall be specified in
a decision.
2. A telecommunications access reference offer should specify the terms and conditions for
co-operation with the operator referred to in paragraph 1 and the fees for services related to
telecommunications access.
3. A telecommunications access reference offer should consist of separate packages, including
relevant telecommunications access elements corresponding to telecommunications activities
performed by telecommunications undertakings.
4. The Minister competent for digitalization shall specify, by means of an ordinance, the
scope of a telecommunications access reference offer in relation to network interconnection,
leased lines and local loop unbundling, access to broadband equipment and bitstream access,
taking account of the needs of the market, the development of competition and
interoperability of services.
5. The telecommunications access reference offer with regard to network interconnection
should include a transparent and complete list of services offered by an operator and technical
and economic conditions of their provision.
6. If the operator, in addition to the obligation referred to in paragraph 1, was obliged to
provide access to the local loop, a telecommunication access reference offer with regard to
access to the local loop should include at least:
1) conditions for the provision of access to the local loop;
2) collocation services;
3) conditions of access to information systems;
4) conditions of service provision.
Article 43. 1. The President of UKE shall approve of a draft reference offer provided that it
complies with the provisions of law and the needs of the market indicated in a decision which
imposes the obligation to submit a reference offer, or shall modify the submitted draft
reference offer and approve of it, and in the event of a reference offer not being submitted on
time, shall determine a reference offer by himself/herself.
2. Where changes in demand for services or in market conditions occur, the President of UKE
may ex officio, or following a justified request of a telecommunications undertaking, oblige
an operator to modify a reference offer in whole or in part. Where the obliged operator fails to
submit modifications to a reference offer within a specific time limit, the President of UKE
shall independently determine modifications to the reference offer in whole or in part.
3. An operator’s request for approval of a draft reference offer or of its modifications shall
include information and documentation which proves the compliance of a reference offer with
legal requirements and regulatory obligations referred to in Article 24 point (2a).
4. The President of UKE shall publish approved reference offers or modifications thereof on
the UKE BIP website.
5. In the event of withdrawing the obligation to apply a reference offer, agreements concluded
on the basis of a reference offer for an indefinite period of time may be terminated or
modified not earlier than 90 days from the date of withdrawal of the obligation.
6. An operator on whom the obligation referred to in Article 42 (1) was imposed shall
conclude telecommunications access agreements under the terms that are not worse for other
parties to the agreement than those in the approved offer referred to in paragraph 1 or
determined by the President of UKE.