legal entity under different ownership, or to establish a separate business entity in order to
provide all retail providers, including its own retail divisions, with fully equivalent forms of
operator access under equal conditions. Undertakings shall also notify the Agency of any
change of that intent, as well as the final outcome of the process of voluntary separation.
(2) The Agency shall assess the effect of the intended transaction on existing obligations
imposed on the undertaking under Article 101 of this Act. For that purpose, the Agency shall,
in accordance with Article 100 of this Act, conduct a coordinated analysis of relevant markets
related to the access network without delay. On the basis of its assessment, the Agency shall
impose, maintain, amend or withdraw obligations in accordance with the seventh paragraph
of Article 101 of this Act.
(3) The Agency may impose on a legally and/or functionally undertaking any other obligation
referred to in Articles 102 to 106 or the second obligation referred to in the third paragraph of
Article 101 of this Act for any relevant market referred to in Article 100 of this Act on which
it has been designated as having significant market power in accordance with Article 101 of
this Act.
Article 110
(determination and analysis of transnational markets and the imposition, amendment,
maintenance or withdrawal of obligations on transnational markets)
(1) Where the Commission defines transnational markets in the area of the provision and
implementation of electronic communications by decision, every definition of a transnational
market by the Agency must accord with that decision.
(2) The Agency shall conduct an analysis of transnational markets together with the
regulatory authorities of other Member States covered by the transnational market.
(3) The Agency shall decide on the imposition, amendment, maintenance or withdrawal of
obligations for undertakings with significant market power on transnational markets together
with the regulatory authorities of other Member States covered by the transnational market.
Article 111
(supervision)
Within the framework of its authorisations, the Agency shall oversee the application of the
provisions of this Act on the ensuring of competition and compliance with obligations
imposed by decision under the provisions of this Chapter.
IX. DIGITAL RADIO AND TELEVISION DISTRIBUTION
Article 112
(digital radio and television distribution)
(1) Public communications networks intended for the distribution of digital television
services must be planned so as to also be appropriate for the distribution of high-definition
television services and programmes.
(2) An operator providing the public communications networks referred to in the preceding
paragraph must, in the receipt and redistribution of high-definition television services or
programmes, maintain their high-definition format. In doing so, it must retain the original
picture and sound quality, except where there is a need to adjust to the technical capacities of
the equipment for receiving and decoding a television programme or to the properties of the
network.