(1) Where facts become known, or are brought to the attention of, the Federal Network Agency that justify the assumption that charges for access services of undertakings with significant market power do not satisfy the requirements of section 37, the Federal Network Agency initiates a review of the charges without delay; in the case of section 38(3), second sentence, section 37 applies correspondingly. The Federal Network Agency notifies the undertaking concerned in writing or electronically of the initiation of the review.
(2) The Federal Network Agency decides within two months of initiating the review under subsection (1).
(3) Where the Federal Network Agency finds, in its decision under subsection (2), that charges for access services do not satisfy the requirements of section 37, it prohibits the conduct forbidden under this Act and declares the charges complained of ineffective from the date of the finding.
(4) Where the undertaking concerned submits proposals for amending the charges within one month of the date of the finding under subsection (3), the Federal Network Agency examines, within one month of submission of the proposals, whether they remedy the infringements of the requirements of section 37 found. Upon the finding that the amended charges submitted satisfy the requirements of section 37, those charges take effect without delay.
(5) Where no submission is made under subsection (4), or where the Federal Network Agency finds under subsection (4) that the amended charges submitted are inadequate, the Federal Network Agency, within two months of the finding under subsection (4), orders charges that satisfy the requirements of section 37. In the case of abuse within the meaning of section 37(2), point 5, it also orders the manner in which the undertaking must carry out unbundling.
(6) Where an order is made under subsection (5), section 44 applies correspondingly.
Subdivision 2
General Provisions