including facilities for intelligent network services or roaming on mobile networks;
8. provide access to operational support systems or similar software systems necessary to
ensure fair competition in the provision of services;
9. interconnect networks or network facilities;
10. provide access to associated services such as identity, location and presence services.
(3) Where the Agency is considering whether to impose the obligation referred to in the first
paragraph of this Article, and in particular when considering whether such obligations would
be proportionate to the objectives set out in Articles 194 to 197 of this Act, it shall take
account, in particular, of the following factors:
1. the technical and economic viability of using or installing competing facilities, in light of
the rate of market development, taking into account the nature and type of interconnection
and/or operator access involved, including the viability of other upstream access products
such as access to ducts;
2. the feasibility of providing the access proposed, in relation to the capacity available;
3. the initial investment by the facility owner, taking account of any public investment made
and the risks involved in making the investment;
4. the need to safeguard competition in the long term, particularly in the area of
infrastructure;
5. where appropriate, any relevant intellectual property rights;
6. the provision of pan-European services.
(4) The Agency may, by means of a general act, regulate in detail other issues which arise in
the course of implementation of this Article. In doing so, it may determine, in particular, the
technical or operational conditions of access that beneficiaries or providers must meet in
order to secure normal operation of the network. Where this includes the obligation to adhere
to special technical standards or specifications, these must meet the requirements referred to
in Article 201 of this Act.
Article 106
(price control and cost accounting obligation)
(1) The Agency may, in the decision referred to in the first paragraph of Article 101 of this
Act, impose on a specified operator with significant market power an obligation relating to
cost recovery and price controls, including obligations for the cost orientation of prices and
obligations concerning cost-accounting systems, for the provision of specific types of
interconnection and/or operator access.
(2) The Agency shall impose the obligations referred to in the preceding paragraph if, on the
basis of the market analysis referred to in Article 100 of this Act, it assesses that the operator
concerned may sustain prices at an excessively high level, or may apply a price squeeze, to
the detriment of end-users.
(3) In imposing the obligation referred to in the first paragraph of this Article, the Agency
must, in order to encourage investments by network operators, including in next-generation
networks, take into account any investment made by the network operator referred to in the
first paragraph of this Article and allow it a reasonable rate of return on adequate capital
employed, taking into account any risks specific to a particular new network investment
project.
(4) Any cost recovery mechanism or pricing methodology prescribed by the Agency must
serve to promote efficiency and sustainable competition, and maximise consumer benefits. In
this regard, the Agency may also take account of prices available in comparable competitive
markets and from other network operators.
(5) Where the Agency imposes an obligation on the operator referred to in the first paragraph