Deviation from approved charges

(1) Where the charges of an undertaking with significant market power are subject to a requirement of approval under section 38, the undertaking may not demand charges other than those approved by the Federal Network Agency.
(2) Contracts for services containing charges other than those approved for them take effect on the basis that the approved charge takes the place of the contractually agreed charge.
(3) A contractual or statutory obligation to provide the service remains in place irrespective of whether charge approval has been granted. The Federal Network Agency may prohibit advertising for a transaction, and the conclusion, preparation, and initiation of a transaction, that contains a charge other than the approved charge, or a charge that has not been approved but requires approval.