34
law. Ficora shall within six months of the Commission’s notification cancel the decision
referred to in subsection 1 or amend the decision if this is required by the Commission.
If Ficora amends the proposed decision referred to in subsection 1 at the Commission’s
request, Ficora shall reserve an opportunity for the parties involved whose right or benefit are
affected by the decision to present their statements on the proposed amended decision. When
issuing a final decision, Ficora shall also take due account of statements referred to in
subsection 1. Ficora shall submit the decision to the Commission for its information.
Section 83
Consulting related to obligation to be imposed on operators
Ficora shall reserve an opportunity for the Commission and the Body of European
Regulators for Electronic Communications to present their statements within a period of one
month before a decision affecting trade between EEA States is taken by which Ficora imposes
obligations referred to in Chapters 8–10 on an operator with significant market power,
excluding a decision referred to in section 57(1)(4) or section 58 or 76.
If the Commission considers that the proposed decision of Ficora referred to in subsection 1
would create a barrier to the common markets, or if the Commission has serious doubts that
the proposed decision does not accord with European Union law, Ficora shall postpone the
decision for a further three months from the Commission's notification. Ficora shall in such a
case continue preparing the decision in close cooperation with the Commission and the Body
of European Regulators for Electronic Communications.
Within the three-month period referred to in subsection 2, Ficora may either amend its
proposed decision or cancel it. If Ficora amends its proposed decision or decides to keep the
proposed decision valid as such, the Commission may issue a recommendation concerning the
proposed decision or cancel its notification referred to in subsection 2. Ficora shall within a
period of one month after having received the Commission's recommendation submit its final
decision to the Commission and the Body of European Regulators for Electronic
Communications for their information. The time limit may nevertheless be extended if this is
necessary in order to consult the parties concerned.
If Ficora decides not to amend or cancel the decision despite the Commission’s
recommendation, it shall give reasons for its decision.
Section 84
Procedure in an urgent case
Market definitions, market analyses and Finnish Communications Regulatory Authority
decisions on significant market power or on obligations to be imposed on telecommunications
operators may be made without consulting the Commission and the Body of European
Regulators for Electronic Communications if the measure is:
1) urgent;
2) necessary to safeguard competition and the interests of consumers;
3) temporary; and
4) in correct proportion to the aim being addressed.
Ficora shall without delay submit the market definition, market analysis or decision referred
to in subsection 1 to the Commission and the Body of European Regulators for Electronic
Communications for their information.