[RT I, 15.12.2021, 1 – entry into force 01.02.2022] 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, including investments in very high capacity communications networks, and the risks involved in making the investment; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 4) the need to safeguard competition in the long term, with particular attention to competition based on economically efficient infrastructure and new business models that support it; [RT I, 15.12.2021, 1 – entry into force 01.02.2022] 5) the need to create effective competition at the retail level and ensuring of protection of the rights of endusers; 6) any relevant intellectual property rights; 7) the possibility of providing pan-European services. (21) When the Consumer Protection and Technical Regulatory Authority considers the imposition of obligations on an undertaking with significant market power, it first assesses whether the imposition of the obligation specified in clause 5 of subsection 1 of § 50 of this Act alone is a proportionate means to promote competition and protect the interests of end-users. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) When imposing an obligation provided for in subsection 1 of this section the Consumer Protection and Technical Regulatory Authority may specify the manner of performance of the obligation. [RT I 2007, 66, 408 – entry into force 01.01.2008] § 52. Obligations related to charges and costs of access and interconnection on undertaking with significant market power (1) The Consumer Protection and Technical Regulatory Authority may impose on an undertaking with significant market power obligations related to the costs and charges of access and interconnection provided for in clause 7 of subsection 1 of § 50 of this Act, including obligations related to cost orientation and cost accounting system, provided that it has established by a market analysis that due to lack of effective competition the undertaking with significant market power is able to sustain prices at an excessively high or low level, distorting competition and damaging the interests of end-users. [RT I 2007, 66, 408 – entry into force 01.01.2008] (2) Upon imposing the obligations specified in clause 7 of subsection 1 of § 50 of this Act and encouraging investment by the communications undertaking in the next generation communications networks, the Consumer Protection and Technical Regulatory Authority takes account of the investments made by the communications undertaking and that an undertaking with significant market power must be allowed a reasonable rate of return on adequate capital employed, taking into account the risks that are involved and specific to investing in such new network project. The Consumer Protection and Technical Regulatory Authority imposes the obligations specified in clause 7 of subsection 1 of § 50 of this Act on communications undertakings also on the basis of the principle that any cost recovery mechanism or pricing methodology that is mandated by the Consumer Protection and Technical Regulatory Authority must serve to promote efficiency and sustainable competition and maximise the benefits of end-consumers related to the deployment of next-generation networks, in particular very high capacity networks. In this regard the Consumer Protection and Technical Regulatory Authority may also take account of prices available in other comparable markets. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (21) The Consumer Protection and Technical Regulatory Authority may choose not to impose the obligation provided in clause 7 of subsection 1 of § 50 of this Act if it establishes that a retail price constraint is present and all the obligations imposed in accordance with §§ 50 and 51 of this Act, in particular an economic replicability test imposed in accordance with clause 3 of subsection 1 of § 50, ensure effective and non-discriminatory access. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (22) If the Consumer Protection and Technical Regulatory Authority imposes the obligation provided in clause 7 of subsection 1 of § 50 of this Act in relation to access to existing network elements, it takes account of the benefits of predictable and stable wholesale prices in ensuring efficient market entry and sufficient incentives for all communications undertakings to deploy new and enhanced communications networks. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (3) Where an undertaking with significant market power has an obligation imposed by the Consumer Protection and Technical Regulatory Authority regarding the cost orientation of its charges provided for in clause 7 of subsection 1 of § 50 of this Act, the undertaking with significant market power must, at the request of the Consumer Protection and Technical Regulatory Authority, prove that its service charges are derived from costs, which are added a reasonable rate of return. [RT I 2007, 66, 408 – entry into force 01.01.2008] (4) For the purpose of calculating the costs for the provision of the services provided for in subsection 3 of this section, the Consumer Protection and Technical Regulatory Authority may, if necessary, use cost accounting methods which are different from those used by the undertaking. If it becomes evident that charges are not Page 32 / 89 Electronic Communications Act