25 Obligations to Relinquish Access Rights Section 56 Obligation to relinquish access rights based on significant market power By a decision under section 53, Ficora may impose an obligation on an operator with significant market power to relinquish reasonable access rights to a communications network, or to an associated operation or service related to communications networks or services. Such an access right may include the following obligations: 1) relinquish access rights to communications networks and network elements; 2) relinquish access rights to communications network capacity; 3) provide co-location and other shared use of associated facilities, including relinquishing access rights to cable ducts, equipment facilities or radio mast antenna sites; 4) relinquish access rights to such associated services that allow the provision of a communications network or service or that support the provision of services in such a network or through such a service; 5) provide facilities for roaming on mobile networks and other services needed to interoperability of end-to-end services to users; 6) offer the user the possibility to access the services of a telephone service provider available in the telecommunications area via both a selection code per call and pre-selection that may be overridden with a selection code, if necessary; 7) relinquish other reasonable access rights comparable to those referred to in subsection 1. Ficora may impose time limits related to the obligation to relinquish access rights referred to in subsection 1. The obligation referred to in subsection 1 does not apply, however, if relinquishing access rights endangers data protection or national security or if it is technically inappropriate from the viewpoint of the operator or is otherwise unreasonable. Section 57 Obligation to relinquish access rights based on other than significant market power By a decision under section 55, Ficora may impose an obligation on a telecommunications operator to relinquish access rights on other grounds than significant market power: 1) to another telecommunications operator of a subscriber connection or part thereof, for parallel use of a subscriber connection or transmission capacity as well as minor equipment facility if the operator controls user connections to the communications network and if the imposition of the obligation is necessary to ensure the benefit to users; 2) to a digital television or radio electronic programme guide if this is necessary to ensure that information on digital television and radio broadcasts covered by the transmission obligation referred to in section 227 are made available to the public in an electronic programme guide. 3) to a programming interface for a digital television or radio system if it is necessary to ensure that information on digital television and radio broadcasts covered by the transmission obligation referred to in section 227 can be connected to the programming interface used. 4) to a cable duct or radio mast antenna site or associated equipment facility if the construction of a parallel cable duct or radio mast is not appropriate for reasons of environmental protection, nature conservation or land use planning or other comparable reason.

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