Wholesale-only undertakings

(1) The Federal Network Agency may, by way of derogation from section 13(1), impose obligations under section 24, section 26(3), points 1 to 9, or under Division 3 on an undertaking with significant market power that is not active on any retail market for publicly available telecommunications services, where the following conditions are satisfied:
1. current and planned activities in all business units of the undertaking, and of all shareholders capable of exercising control over the undertaking, take place exclusively in wholesale markets for publicly available telecommunications services;
2. there are no exclusive agreements, or agreements tantamount in effect to exclusive agreements, between the undertaking and another undertaking active in retail markets for publicly available telecommunications services.
(2) The Federal Network Agency proceeds under section 15(1) where facts become known, or are brought to its attention, showing that
1. the conditions of subsection (1) are no longer satisfied, or
2. the terms that the undertaking offers to undertakings active in downstream markets give rise, or are foreseeably likely to give rise, to competition problems to the detriment of end users. The undertaking notifies the Federal Network Agency without delay of facts within the meaning of the first sentence.