(1) In connection with, or in preparation for, charge regulation proceedings under this Division, the Federal Network Agency may order the undertaking with significant market power to 1. provide it with detailed particulars of the range of services offered, current and expected turnover for services, current and expected sales volumes and costs, the foreseeable effects on end users and on other undertakings, and such other documents and particulars as it considers necessary for the proper exercise of charge regulation; 2. transmit its cost accounting in a form that enables the Federal Network Agency to obtain the data necessary for charge regulation under this Act; or 3. offer access under specified tariff structures and apply specified cost-recovery mechanisms. Unless otherwise directed, the undertaking must transmit particulars under the first sentence to the Federal Network Agency in writing or electronically. Where the Federal Network Agency makes an order under the first sentence, point 3, the undertaking must submit a corresponding charge application within two weeks. The Federal Network Agency decides within four weeks of submission of the application, or of expiry of the period referred to in the third sentence.
(2) To enforce orders under subsection (1), first sentence, points 1 and 2, the Federal Network Agency may, in accordance with the Administrative Enforcement Act, impose a coercive fine of up to one million euros.
(3) The Federal Network Agency may also require particulars under subsection (1), first sentence, points 1 and 2, from undertakings that do not hold significant market power, and proceed under subsection (2), where this is necessary for the proper exercise of charge regulation.
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Part 2 · Market Regulation › Division 3 · Charge Regulation › Section 47
Orders in the context of charge regulation
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