(1) Where an undertaking with significant market power intends to decommission parts of its telecommunications network or replace them with new infrastructure, and the offering of an access product imposed under section 26 consequently becomes impossible, it must notify the Federal Network Agency in good time, but no later than one year before the start of the decommissioning or replacement.
(2) The undertaking's notification under subsection (1) must contain: 1. a timetable for the decommissioning or replacement process; 2. the terms of the migration, including a description of the alternative access products offered during and after completion of the migration; and 3. the application for amendment of the reference offer, insofar as the undertaking has published a reference offer under section 29 for the access product imposed.
(3) The Federal Network Agency publishes the documents submitted under subsection (2) on its website, subject to safeguarding business and trade secrets, and gives interested parties the opportunity to comment within a reasonable period, which should be at least one month.
(4) The Federal Network Agency examines the documents submitted under subsection (2) concerning the decommissioning or replacement process. In doing so, it sets a transparent timetable, including a reasonable notice period for termination of the access agreement, and transparent and reasonable conditions. This determination also covers the availability of alternative access products on fair, reasonable, and non-discriminatory terms, insofar as this is necessary to safeguard competition and the rights of end users. The terms of the alternative access products, including quality, speed, and end-user reach, must in any event be comparable to the terms of the access products previously available.
(5) The Federal Network Agency may revoke the obligations imposed on the undertaking, in respect of telecommunications networks that are decommissioned or replaced, with effect from the date the termination of the access agreement takes effect, where the conditions of subsection (4), second and third sentences, are complied with. The procedure under section 14 applies. The amendment of the reference offer takes place simultaneously with the amendment of the regulatory order.
(6) The regulatory order under section 13 for the upgraded or new network infrastructure remains unaffected.
(7) Where an undertaking with significant market power intends to dispose of its network or parts of it, subsections (1) to (5) apply correspondingly to the sale process.
Subdivision 4
General Provisions