Access and interconnection
Pursuant to Articles 106-107 of the Electronic Communications Act, the President may adopt a decision imposing on an operator with significant power on some wholesale service market an obligation for access to certain network elements and services and the use of the related equipment.
Imposing such an obligation is justified especially if refusal of access, revocation of past access or stipulation of conditions with such results would prevent efficient market competition in subscriber services and would therefore lead to consequences contrary to the interests of the subscribers.
The access and interconnection obligation and the transparency obligation are both closely connected to the stipulating of the obligation for preparing and publishing a properly structured and sufficiently detailed reference offer.
The reference offer is an offer detailing the network services offered as well as their legal, technical and financial conditions, which the President orders the SMP operator to publish.
Reference offer approval proceedings are also launched on the SMP operator’s request; nevertheless, the SMP operator must request the official proceeding within the required deadline and in the required form.
A proceeding for the approval of a reference offer is special in the sense that the President must consult with the stakeholders regarding the draft decision for the approval of the reference offer and the President may also define in the presidential decision the content of the reference offer if the submitted draft reference offer is incomplete or otherwise fails to comply with the rules on electronic communications.
Procedures for the modification of a previously approved reference offer may be launched on the SMP operator’s request or ex officio.