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Part 2 · Market Regulation  ›  Division 1 · Market Regulation Procedure › Section 19

Market review procedure for commitments

(1) The Federal Network Agency, by decision, regularly declares the commitments of the undertaking with significant market power binding, in whole or in part, for the period offered, where they satisfy the applicable conditions of section 18. By way of derogation from the first sentence, commitments under section 18(1), first sentence, point 2, are to be declared binding for at least seven years.
(2) The Federal Network Agency gives interested parties the opportunity to comment on the commitments submitted under section 18(1), generally within one month.
(3) The Federal Network Agency notifies the undertaking with significant market power of a preliminary assessment of the commitments submitted, within six weeks of the expiry of the comment period under subsection (2). Where the commitments do not satisfy the applicable conditions of section 18, the Federal Network Agency notifies the undertaking with significant market power accordingly.
(4) After the Federal Network Agency has notified its preliminary assessment, the undertaking with significant market power may, within six weeks, amend the commitments originally submitted in order to take account of the Federal Network Agency's preliminary assessment. The Federal Network Agency examines whether the amended commitments satisfy the applicable conditions of section 18 and, where appropriate, declares them binding under subsection (2). In the case of material amendments, interested parties are given a further opportunity to comment as part of the examination under the second sentence.
(5) The Federal Network Agency examines whether to extend the term of commitments declared binding twelve months before the expiry of their period of validity.
(6) The Federal Network Agency monitors and ensures compliance with the commitments it has declared binding under subsection (1). For this purpose, it may require the undertaking with significant market power to submit annual compliance declarations.

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