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THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN SPHERES OF ELECTRONIC COMMUNICATIONS, THE RADIO-FREQUENCY RANGE AND PROVISION OF SERVICES OF THE MAIL SERVICE OF UKRAINE

of June 12, 2024 No. 322

About approval of Changes in the Procedure for imposing on suppliers of electronic communication networks or suppliers of electronic communication services with considerable market influence in the wholesale and/or retail markets of regulatory obligations, their change and removal

According to Article part three 83, of part one and paragraph one of part five of Article 84, of the paragraph of the fifth of part two of Article 85, of paragraph two of part one of article 87 of the Law of Ukraine "About electronic communications", Item "About the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service" the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service DECIDES: 5 parts four of article 4 of the Law of Ukraine

1. Approve Changes in the Procedure for the imposing on suppliers of electronic communication networks or suppliers of electronic communication services with considerable market influence in the wholesale and/or retail markets of regulatory obligations, their change and removal approved by the resolution of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service of February 01, 2023 No. 37, registered in the Ministry of Justice of Ukraine on March 09, 2023 at No. 427/39483, which are applied.

2. To submit to management of economic regulation in the procedure established by the legislation this resolution on state registration to the Ministry of Justice of Ukraine.

3. This resolution becomes effective from the date of its official publication.

Approved by the Resolution of the National commission which performs state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service of Ukraine of June 12, 2024 No. 322

Changes in the Procedure for imposing on suppliers of electronic communication networks or suppliers of electronic communication services with considerable market influence on wholesale and or the retail markets of regulatory obligations, their change and removal

1. In the paragraph the second Item 1 of the Section II of the word" (further - the report of NKEK on market research)" to exclude.

2. Add the Section V with new Items of the following content:

"3. NKEK on own initiative or according to the reasonable address of concerned parties estimates influence of new events on competitive situation on certain market and if changes in the market do not provide the bases for carrying out the new analysis, performs assessment of need of review of the imposed regulatory obligations and in the presence of the bases makes the decision on modification of such obligations, their removal or imposing of new obligations.

4. On the supplier of ZRV which is allocated with considerable market influence in closely connected (adjacent) market by NKEK obligations on transparency, nondiscrimination, separate financial accounting, price regulation and the expense accounting in the wholesale markets can be imposed.".

3. In the Section VI:

Item 2 to state 1) in the following edition:

"2. Suppliers of ZRV on which obligations on transparency and nondiscrimination concerning mutually connection of networks and access based on the relevant decision NKEK are imposed shall send NKEK for promulgation on electronic regulatory platform standard offers on mutually connection of networks and access, the minimum requirements to which are given in appendix 1 to this Procedure. If necessary the supplier of ZRV has the right to include the additional information in such offers.

The standard offer on mutually connection of networks and access shall be sent by the supplier of ZRV to NKEK within three months from the date of entry into force of the solution of NKEK on imposing of the obligation on transparency and nondiscrimination.

The standard offer on mutually connection of networks and access shall include the draft agreement about mutually connection of electronic communication networks, the constituted according to the main requirements to such agreement, electronic communication networks established by Rules of mutually connection approved by the resolution of the National commission performing state regulation in spheres of electronic communications, radio-frequency range and provision of services of mail service, of August 10, 2022 No. 140, registered in the Ministry of Justice of Ukraine on September 13, 2022 at No. 1047/38383.

Before creation of the NKEK electronic regulatory platform such information will be promulgated on the NKEK official website.

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