ensure accessibility of potential investors to the co-investment, in light of specific local conditions and market structure. (4) If the Consumer Protection and Technical Regulatory Authority reaches a conclusion during the analysis specified in clauses 4–6 of § 562of this Act that the co-investment offer specified in subsection 1 of this section meets the criteria provided in subsections 2 and 3, it imposes the corresponding obligation on the undertaking with significant market power on the basis of subsections 7 and 8 of § 562of this Act and does not impose the obligations specified in clause 1 of subsection 2 of § 41 of this Act in respect of a new very high capacity communications network to which the obligations provided in this section apply if at least one potential coinvestor has entered into a co-investment agreement with the undertaking designated as having significant market power. (5) In addition to the obligation specified in subsection 4 of this section, the Consumer Protection and Technical Regulatory Authority may, in justified circumstances, establish, maintain or change the obligations provided in §§ 50–52 of this Act in respect of new very high capacity networks if the Consumer Protection and Technical Regulatory Authority establishes that, given the specific characteristics of the market, those competition problems cannot otherwise be addressed. (6) The Consumer Protection and Technical Regulatory Authority monitors the performance of the obligation specified in subsection 4 of this section and may demand a statement concerning the performance of the obligation from the undertaking with significant market power once a year. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 562. Commitments procedure (1) An undertaking with significant market power may propose to the Consumer Protection and Technical Regulatory Authority the imposing of an obligation on its communications network regarding conditions for access, co-investment, or both. (2) The obligation specified in subsection 1 of this section may be, among other things: 1) a co-operation agreement between the undertaking with significant market power and a communications undertaking seeking access; 2) attraction of co-investments in very high capacity networks on the basis of § 561of this Act; 3) providing of access to other communications undertakings on the basis of § 56 of this Act, both during an implementation period of voluntary separation by a vertically integrated undertaking and after the proposed form of separation is implemented. (3) The proposal specified in subsection 1 of this section must also include the timing, scope and duration of performance of the obligation. (4) The Consumer Protection and Technical Regulatory Authority conducts an analysis of the obligations and a public consultation with interested parties to assess the obligation specified in subsection 2 of this section unless the obligation is not related to the activities specified in subsection 2. The effective term of the obligation may exceed the term established for the conduct of the market analysis specified in subsection 1 of section § 442of this Act. (5) Upon assessment of the proposal specified in subsection 1 of this section, the Consumer Protection and Technical Regulatory Authority takes into account, in particular: 1) the fair and reasonable character of the obligation; 2) the openness of the obligation to all market participants; 3) access on fair, reasonable and non-discriminatory terms; 4) the adequacy of the obligation to facilitate cooperative deployment of very high capacity networks and promote competition in the downstream retail market. (6) As a result of the analysis specified in subsection 4 of this section, the Consumer Protection and Technical Regulatory Authority may amend the decision on designating an undertaking with significant market power granted on the basis of § 49 of this Act and make the obligations of subsection 1 of this section offered by a communications undertaking binding on it, taking account of the circumstance that the co-investment obligation must be effective at least seven years. (7) Upon making the obligations binding, the Consumer Protection and Technical Regulatory Authority takes account of their impact on market developments and further relevance of the obligations provided in §§ 50–53 of this Act. (8) The Consumer Protection and Technical Regulatory Authority monitors the performance of the obligations made binding in accordance with subsection 6 of this section and considers the extension of their term if necessary. Electronic Communications Act Page 37 / 89