(3) Upon restricting access to a communications network, a communications undertaking must observe that the restriction is based on an objective assessment of the situation and that the extent of such restriction is minimum in order to ensure the normal operation of the communications network, except if the restriction is applied on the basis of clause 1 of subsection 1 of this section. The communications undertaking must provide an opportunity for eliminating the reason for applying the restriction. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] (4) A communications undertaking must notify, directly or through media, the party to the agreement affected by the application of the restriction specified in subsection 1 of this section of the reason for and nature, extent and duration of applying such restriction as soon as possible and take all measures to ensure restoring of the availability of communications services. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 67. Systems of conditional access to digital television and radio services (1) A communications undertaking which provides conditional access systems is required to ensure that the conditional access systems allow the technical conduct of cost-oriented cross-checks of services provided by other communications undertakings by means of conditional access systems. (2) If the access of a provider of television or radio services to the potential viewers and listeners depends on the conditional access services, a communications undertaking which provides services of conditional access to the provider of television and radio services is required to: 1) provide to the provider of television or radio services on a fair, reasonable and non-discriminatory basis, technical services, which allow the viewers or listeners equipped with decoding devices to receive the digitally transmitted services of the provider of television or radio services; 2) keep separate accounts of its activities as a provider of conditional access services. [RT I, 23.03.2011, 1 – entry into force 24.03.2011] (3) If the Consumer Protection and Technical Regulatory Authority finds as a result of a market analysis conducted on the basis of §§ 44–442of this Act that a communications undertaking does not have significant market power in the relevant market, the Consumer Protection and Technical Regulatory Authority may modify the obligations imposed on the communications undertaking by subsection 2 of this section or release the communications undertaking from these if this does not damage: 1) the access of end-users to the services defined in accordance with § 90 of this Act; and 2) competition in the markets related to retail sale of media services and conditional access system. [RT I, 15.12.2021, 1 – entry into force 01.02.2022] § 68. Resolution of complaints related to access and interconnection (1) Any complaints related to access or interconnection shall be resolved by the Consumer Protection and Technical Regulatory Authority pursuant to § 149 of this Act. [RT I 2007, 66, 408 – entry into force 01.01.2008] (2) A complaint related to application of the restrictions provided for in § 66 of this Act shall be resolved on the basis of the procedure for resolution of complaints provided for in § 149 of this Act, taking account of the following specifications: 1) a person which has applied a restriction must give a written explanation to the Consumer Protection and Technical Regulatory Authority concerning the application of the restriction within five days after the receipt of a respective demand from the Consumer Protection and Technical Regulatory Authority; [RT I 2007, 66, 408 – entry into force 01.01.2008] 2) the Consumer Protection and Technical Regulatory Authority shall resolve the complaint within 10 working days as of the receipt of the application; [RT I 2007, 66, 408 – entry into force 01.01.2008] 3) if the Consumer Protection and Technical Regulatory Authority decides that a restriction established with regard to another communications undertaking is unlawful, it shall issue to the undertaking which has applied the restriction a precept for immediate termination of the violation. [RT I 2007, 66, 408 – entry into force 01.01.2008] Chapter 7 UNIVERSAL SERVICE Subchapter 1 Electronic Communications Act Page 43 / 89