transmitted or stored. Such information may not be passed on to any other party, in particular
other subdivisions, subsidiaries or partners for whom such information could provide a
competitive advantage. The Communications Regulatory Authority may adopt rules
detailing the measures to secure such requirements.
6. When resolving a dispute between undertakings, the Communications Regulatory
Authority shall have the right, in conformity with the principles established by this Law and
in cases justified by the objectives thereof, to issue at its own initiative or in accordance
with the procedure established in Article 28 of this Law a decision on the granting of
undertaking-binding access, including network interconnection, where the granting covers
the imposition of obligations in respect of specific access as specified in paragraph 2 of this
Article.
7. The Communications Regulatory Authority shall have the right to adopt rules for
granting and providing access, including network interconnection.
Article 23. Price control and cost accounting obligations
1. The Communications Regulatory Authority shall have the right to impose
obligations on an operator having significant market power relating to cost recovery and
price controls, including obligations to provide access at prices that are based on costs
(taking into account a reasonable rate of return on investment) and obligations concerning
cost accounting systems, for the provision of specific types of access, in situations where a
market analysis indicates that a lack of effective competition (the presence of undertakings
having significant power on the relevant market) means that the operator concerned might
sustain prices at an excessively high level, or apply a price squeeze, to the detriment of endusers. In order to promote investments of the operators, including investment in expansion
of electronic communications networks and development of technologies, when imposing
obligations, the operator's right to receive a reasonable return on investments estimated after
the assessment of the risk of new investments in expansion of electronic communications
networks and development of technologies.
2. Established cost recovery mechanism and/or pricing methodology must promote
efficiency and long-term competition and maximise consumer benefits. In this regard the
Communications Regulatory Authority may take account of prices available in comparable
competitive markets.
3. Where an operator has an obligation for cost orientation of prices, the burden of
proof that prices are cost-oriented taking into account a reasonable rate of return on
38