relevant markets which have not been previously identified by the European Commission as susceptible
to ex ante regulation.
(2) In case the Commission does not complete the analysis of the relevant market within the time
limits referred to in Paragraph (1), the Commission may approach the Body of European Regulators for
Electronic Communications with a request for assistance in completing the analysis of the relevant
market and in determining the specific obligations to be imposed. In such case, the Commission shall
make the draft of a decision available to the European Commission within six months after making the
request for assistance in compliance with the procedure under Article 42 herein.
Article 157b. (New, SG No. 105/2011, effective 29.12.2011) In the case of transnational markets
identified by a decision of the European Commission, the Commission and the national regulatory
authorities concerned shall conduct an analysis of the markets in accordance with the applicable act of
the European Commission and, in a concerted fashion, shall decide on the imposition, maintenance,
amendment or withdrawal of specific obligations.
Chapter Ten
ACCESS AND INTERCONNECTION
Section I
General Dispositions
Article 158. An undertaking providing public electronic communications networks shall have a
right and, when requested by another undertaking, an obligation to negotiate interconnection of the
networks of the said undertakings for the purpose of provision of public electronic communications
services and ensuring interoperability of services.
Article 159. (1) The undertakings providing public electronic communications networks shall be
free to negotiate access and/or interconnection and shall conclude contracts in writing.
(2) (New, SG No. 105/2011, effective 29.12.2011) The undertakings shall ensure access and/or
interconnection taking into consideration the obligations imposed by the Commission, where any such
have been determined.
(3) (Renumbered from Paragraph (2), SG No. 105/2011, effective 29.12.2011) The undertakings
shall transmit a copy of the contract or of the amendments thereof to the Commission for information
within one month after the signing of the said contract or amendments.
Article 160. (Amended, SG No. 105/2011, effective 29.12.2011) (1) For attainment of the
purposes covered under Article 4 herein and respecting the principles referred to in Article 5 herein, the
Commission shall encourage and, where appropriate, impose on the undertakings providing public
electronic communications networks and/or services, obligations to ensure access and/or interconnection
and interoperability of services, with a view to promoting efficiency, sustainable competition, efficient
investment and innovation and giving the maximum benefit to end-users.
(2) In addition to the obligations which the Commission may impose on an undertaking with
significant market power according to the procedure established by Chapter Nine herein, in connection
with Paragraph (1) the Commission may impose obligations such as:
1. to the extent that is necessary to ensure end-to-end connectivity, obligations on undertakings
that control access to end-users, including in justified cases obligations to interconnect the networks
thereof, where this is not already the case;
2. in justified cases and to the extent that is necessary, obligations on undertakings that control
access to end users, to make the services thereof interoperable;
3. to the extent that is necessary to ensure accessibility for end-users to designated digital radio and
television broadcasting services, obligations on undertakings providing public electronic