Article 53. 1. The President of UKE shall specify on an annual basis, by means of a decision,
weighted average cost of capital to be applied in cost calculation by the telecommunications
undertaking on which he/she imposed a cost calculation obligation, taking account of
documented costs of acquiring the capital, the undertaking’s position in the capital market,
typical risk related to employing the capital, in particular for new investment projects, and the
costs of employing the capital in comparable markets.
2. The President of UKE shall, by means of a decision, approve an instruction and cost
calculation description according to the procedure and within the time limits referred to in
Article 51 point (4).
3. The President of UKE, in a decision referred to in paragraph 2, may introduce
modifications to a draft instruction and cost calculation description submitted by
a telecommunications undertaking for approval, in the event such changes are not introduced
by a telecommunications undertaking at the request of the President of UKE according to the
procedure and within the time limits referred to in Article 51 point (4).
4. The President of UKE may seek an opinion of independent chartered accountants or
experts, in the event of doubts in relation to an instruction and cost calculation description
prepared by a telecommunications undertaking and to the reliability and credibility of data
included in regulatory accounting statements or cost calculation results.
5. Annual regulatory accounting statements and cost calculation results shall be subject to an
audit, at the expense of a telecommunications undertaking, in order to verify their compliance
with the provisions of law and an instruction and cost calculation description approved by the
President of UKE. This is to be carried out by a chartered accountant independent of
a telecommunications undertaking within 6 months of the end of the financial year.
6. The President of UKE shall appoint a chartered accountant to conduct an audit referred to
in paragraph 5.
7. An annual regulatory accounting statement, cost calculation results and an opinion of
a chartered accountant on the audit referred to in paragraph 5 shall be published on the UKE
BIP website within 8 months of the end of the financial year.
Article 54. 1. The President of UKE shall, by means of a decision, impose on
a telecommunications undertaking obliged under Article 38 or Article 46 to run regulatory
accounting, an obligation to publish on the UKE BIP website an approved instruction, so that
the presentation of the methods for the separation and assignment of assets and liabilities,
revenues and costs is ensured.
2. The President of UKE shall, by means of a decision, impose on a telecommunications
undertaking obliged under Article 39 or Article 46 to run cost calculation, an obligation to
publish on the UKE BIP website an approved cost calculation description so that the
presentation of main cost groups and the methods of assigning them to specific types of
services is ensured.
3. The President of UKE may, by means of a decision, impose on a telecommunications
undertaking with significant market power an obligation to publish on the UKE BIP website
the prices applied by this telecommunications undertaking.
4. The President of UKE, in his/her decisions referred to in paragraphs 1-3 and having
observed the requirements related to the protection of business confidentiality, shall specify
the scope in which an instruction or cost calculation description or prices applied by
a telecommunications undertaking are published, in order to prevent the abuse, by
telecommunications undertakings obliged under paragraphs 1-3, of their significant power in
relation to prices, and in particular unjustified excessive or predatory pricing, a price squeeze
towards their competitors through narrowing the margin between prices for