requested by another operator or a public electronic communications service provider
seeking to provide public electronic communications services or to secure such provision,
an obligation to negotiate network interconnection in order to ensure provision and
interoperability of services.
2. The Communications Regulatory Authority shall encourage and where
appropriate ensure, in accordance with the procedure established by this Law, adequate
access and compatibility of services in order to promote efficiency, long-term competition,
effective investments and innovation implementation and give the maximum possible
benefit to end users. With this aim in view the Communications Regulatory Authority shall
have the right to impose, in accordance with the procedure established by this Law,
obligations on undertakings with significant market power as well as on other undertakings,
in particular:
1) to the extent that is necessary to ensure end-to-end connectivity, obligations on
undertakings that control access to end users, including the obligation to interconnect their
networks where this is not already the case;
2) to the extent that is necessary to ensure accessibility for end users to specific
digital radio and television broadcasting services, obligations on operators to ensure access
to application program interfaces and electronic programme guides on fair, reasonable and
non-discriminatory terms.
3) to the extent it is necessary to ensure service consistency, the obligations on
undertakings that control access to end-users.
3. Obligations to provide access imposed by the Communications Regulatory
Authority and/or the related conditions imposed thereby shall be objective, transparent,
proportionate and non-discriminatory and the relevant decisions shall be taken pursuant to
the rules applied to the cases specified in Article 11(1) of this Law and, mutatis mutandis,
the rules laid down in Article 16(12), (14) to (16) of this Law.
4. In the case referred to in paragraph 2 of this Article, an undertaking may refuse to
provide, to unilaterally suspend or discontinue access only in the event that such actions are
based on objective criteria, including technical non-feasibility or the necessity to ensure
network integrity.
5. Undertakings shall ensure that any information acquired from other undertakings
before, during or after negotiations for access, except for the information which may not be
confidential subject to the procedure, cases and conditions set out in this Law, be used solely
for the purpose for which it was supplied and respect the confidentiality of information
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