Reference offer

(1) The Federal Network Agency may require an undertaking with significant market power to publish a reference offer for the following access services: 1. access services the grant of which has been imposed on the undertaking under section 26; and 2. access services for which general demand exists.
(2) Where the Federal Network Agency has required an undertaking to publish a reference offer, the undertaking must, within three months of the obligation's entry into effect, submit a draft reference offer containing a product description and terms of provision and use, including charges. The first sentence does not apply where a reference offer has already been established and its minimum term has not yet expired. The Federal Network Agency publishes the draft submitted on its website and, after publication, gives the parties concerned the opportunity to comment within a reasonable period.
(3) The Federal Network Agency examines whether the draft reference offer submitted under subsection (2) satisfies the criteria of equal opportunity, equity, and timeliness, and is sufficiently comprehensive to be accepted by individual access seekers without further negotiation. In doing so, it takes the fullest possible account of BEREC's guidelines on minimum criteria for a reference offer under Article 69(4), first sentence, of Directive (EU) 2018/1972.
(4) Where the draft reference offer submitted under subsection (2) satisfies the requirements of subsection (3), the Federal Network Agency establishes the reference offer and sets a minimum term for it. Otherwise, the Federal Network Agency requires the undertaking to submit a revised draft within a reasonable period. The Federal Network Agency may combine this request with requirements for individual conditions, including contractual penalties.
(5) The Federal Network Agency publishes the revised draft reference offer under subsection (4), second sentence, on its website and, after publication, gives the parties concerned the opportunity to comment within a reasonable period. The Federal Network Agency examines whether the revised draft satisfies the requirements of subsection (3). The Federal Network Agency may make changes to the reference offer and set a minimum term for it, insofar as the undertaking has not implemented, or has not adequately implemented, the requirements for individual conditions.
(6) Where the undertaking does not publish a draft reference offer under subsection (1), point 2, the Federal Network Agency determines for which access services general demand exists, and determines which of the services identified are to form part of a reference offer. It requires the undertaking to submit a draft satisfying the requirements of subsection (2) within three months of the determination of the service components.
(7) The undertaking must submit intended changes to, or plans to discontinue, the reference offer to the Federal Network Agency for examination.
(8) The decisions under subsection (4), second sentence, and subsection (5), third sentence, may be challenged only in their entirety. The provisions of Division 3 apply to the regulation of charges.
(9) The Federal Network Agency may require the undertaking to amend an established reference offer where it no longer satisfies the requirements of subsection (3). Where the Federal Network Agency has required an undertaking under subsection (1), point 2, to submit a reference offer, and general demand has materially changed, the first sentence applies correspondingly. Subsections (2) to (7) apply correspondingly to amendment of the reference offer.
(10) The undertaking is required to incorporate the reference offer into its general terms and conditions of business.