23 IMPOSING OBLIGATIONS AND UNIVERSAL SERVICE Chapter 7 Grounds for Obligations Section 51 Market definition Ficora shall define the relevant communications markets at regular intervals and carry out a market analysis as laid down in section 52. Section 52 Market analysis and a decision on significant market power At regular intervals, Ficora shall carry out a market analysis of relevant wholesale and retail markets in order to assess the competitive situation. A market analysis shall be conducted no later than two years after the Commission’s Recommendation on relevant markets if the market concerned has not been defined earlier, and at least at three-year intervals, if the market concerned has been previously defined. The three-year time limit may be extended for up to three additional years, if such request is submitted by Ficora to the Commission, and the Commission does not object to the request within one month of receiving it. In the case of transnational markets, Ficora shall, while conducting a market analysis, work in cooperation with the regulatory authority of the State concerned belonging to the European Economic Area, hereinafter “EEA State”. By decision, Ficora shall declare an operator to be an operator with significant market power if, on the basis of market analysis, it is seen in a particular market to exert economic influence, alone or with others, that allows it to operate, to a considerable extent, independently of competitors, consumers or other users. If an operator has significant market power in a particular market, it may also be considered to have the same position in related markets if it is able to extend its market power from the first markets to related markets and thereby strengthen its market power in those markets. Ficora shall amend a decision on significant market power if a market analysis shows that significant changes have occurred in the competitive situation in the market. By decision, Ficora shall remove an operators’ status in certain markets if a market analysis reveals that the operator is no longer considered to be an operator with significant market power in the meaning of subsection 3. Section 53 Obligations imposed on an operator with significant market power in the wholesale markets By issuing a decision accordingly, Ficora shall impose on an operator with significant market power obligations referred to in sections 56, 61, 65 and Chapter 10 if they are needed to eliminate barriers to competition or to promote competition in the relevant markets in question.

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