Regulatory order

(1) The Federal Network Agency imposes obligations under sections 24 to 30, 38, or 49 on undertakings that hold significant market power, amends existing obligations, or maintains them, where it considers that the market outcome for end users would not represent effective competition in the absence of those obligations.
(2) The Federal Network Agency may revoke obligations imposed. The revocation is announced to the undertakings concerned with reasonable notice. The notice period is to be determined so as to ensure an orderly transition to the situation, resulting from the revocation, without the obligations concerned, for the beneficiaries of the obligations and for end users. In determining the notice period, regard is had to the terms and time limits of existing access agreements.
(3) In imposing, amending, maintaining, or revoking obligations under subsections (1) and (2) (regulatory order), the Federal Network Agency ensures that the obligations 1. correspond to the nature of the problem identified on the relevant market, having regard, where applicable, to transnational demand identified by BEREC under Article 66 of Directive (EU) 2018/1972, 2. are proportionate, having regard in particular to the costs and benefits of the obligations, and 3. are justified in the light of the objectives of section 2.
(4) The Federal Network Agency takes into account, in the regulatory order, commitments declared binding under section 19. In assessing the proportionality of the obligation imposed under subsection (3) in light of the commitments, it takes into account, in particular, 1. evidence of the fair and reasonable nature of the commitments, 2. the openness of the commitments to all market participants, 3. the timely availability of access on fair, reasonable, and non-discriminatory terms, including the equivalence of access under section 24(2), including to very high capacity networks, in advance of the introduction of corresponding retail services, and 4. the overall adequacy of the commitments to enable effective and sustainable competition in downstream markets and to facilitate the cooperative deployment and use of very high capacity networks in the interest of end users. Where commitments declared binding concern a co-investment offer under section 18(1), first sentence, point 2, and at least one co-investor accepts the offer, the Federal Network Agency refrains from imposing obligations under subsection (1) for the network elements covered by the commitment, and revokes existing obligations to that extent under subsection (2). By way of derogation from the third sentence, the Federal Network Agency may impose, amend, or maintain obligations under subsection (1) where it finds that, owing to the specific characteristics of the market concerned, the identified competition problem would otherwise not be remedied.
(5) In the case of section 11(5), obligations under subsection (1) may be imposed on the closely related market only in order to prevent the leveraging of market power.
(6) In the case of section 11(6), the Federal Network Agency determines, in agreement with the national regulatory authorities concerned, which obligations the undertaking or undertakings with significant market power must fulfil.
(7) The decisions imposing, amending, and maintaining obligations under subsection (1), or revoking them under subsection (2), are issued together with the measures under sections 10 and 11 as a single administrative act.