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Act Amending The Act On Competition And Consumers ' Relationships On The Telecommunications Market (Breakdown Of Costs By Shared Use Of Electronic Communications Networks And More Effective Enforcement Of Telecom Regulation)

Original Language Title: Lov om ændring af lov om konkurrence- og forbrugerforhold på telemarkedet(Fordeling af omkostninger ved delt anvendelse af elektroniske kommunikationsnet og mere effektiv håndhævelse af telereguleringen)

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Law on the amendment of the law on competition and consumer relations in the telemarkemarket 1)

(The allocation of costs by shared use of electronic communications networks and more efficient enforcement of teleregulation (teleregulation)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law on competition and consumer relations in the telecommunications market, cf. Law Order no. 780 of 28. June 2007, as amended by law no. 325 of 30. April 2008 and section 4 of the law no. 479 of 17. June 2008, the following changes are made :

1. I § 51 f, paragraph 6, the ' paragraph shall be amended 10 ' shall be replaced by the following : TWELVE. "

2. I § 51 f inserted after paragraph 1. 6 as new paragraph :

" Stop. 7 In the case of the simultaneous use of electronic communications networks of several services, the cost of the cost of a transport product shall be the equitable distribution of the costs between services. ` ;

Paragk. 7-9 will then be paragraph 1. 8-10.

3. I § 51 f, paragraph 7, there will be paragraph 1. The provisions of paragraph 8 shall be replaced by the ' paragraph 5, no. The price fixing method referred to in paragraph 1 shall be the following : ` shall mean the price fixing methods referred to in paragraph 1. 5, no. One and four, "

4. I § 51 f inserted after paragraph 1. 9 shall be referred to in paragraph 1. Ten, as new play :

" Stop. 11. If a provider does not provide sufficient evidence after Article 107 (4), 1, to the setting of prices, the IT and Telecommunications Management Board may decide on the basis on which it is available. If, on the basis of submitted sufficient evidence, there may be grounds for inspection, section 78 (2) shall be subject to the provisions of paragraph 78. 2 and 3, equivalent use. `

Paragk 10 and 11 will then be paragraph 1. 12 and 13.

5. § 64 ITREAS :

" § 64. The providers of electronic communications networks or services receiving information from another provider before, during or after negotiations on access or interconnection agreements, must use this information solely for the purpose of which they have been given ; and, at any time, treat the information transmitted or stored in a confidential way. The information received shall not be disclosed to others, which may result in a competitive advantage, and in particular not to other departments, subsidiaries or partners. ` ;

6. I Section 65 (2). 4, pasted as Act 2. :

" If, later on, on the basis of the presentation of sufficient evidence, there may be a basis for inspection, section 78 (5) shall be found. 2 and 3, equivalent use. `

7. I § 78 inserted after paragraph 1. 2 as new paragraph :

" Stop. 3. Where a provider has not provided sufficient evidence and it has therefore been necessary to take an interim decision, the final decision shall be subject to the inspection of prices by the final decision, having regard to the prices, cf. paragraph 2 if the regulation is to be more favourable to third parties. ` ;

paragraphs 3 and 4 are then referred to in paragraph 1. 4 and 5.

8. I Section 78 (1). 3, there will be paragraph 1. 4, the following is inserted after ' Stk. 2 ":" and 3 ".

9. I § 101, paragraph. 1, no. 7, in the words ' Section 78 (4), The fourth shall be : ' 78, paragraph 1. FIVE. "

10. § 112, paragraph 1. 1, ITREAS :

" Penis punished.

1) the one in breach of section 13 (1). 1, section 15, paragraph 1. 3, section 15 (3). 4, section 15 c, § 34, paragraph 3-6, section 64 or section 86 (a), 2, 3 and 5,

2) the non-compliance obligation imposed on Article 51 (1). 1 or 2, cf. § 51, paragraph. 3, no. 2, 3 or 6,

3) the provider of electronic communications networks or services or services of general interest which emitting incorrect or misleading information to IT and Telecommunications, Telecommunications, Board of Telecommunications, Service 900-Avnet, Radio and TV Board, or 10-10 ratio of relevance to the case in question ;

4) the one intentionally or gross negligent violation of Article 91, or

5) the universal service provider, which, in exceptional circumstances, does not comply with the rules, conditions and obligations referred to in section 22 (2) ; 1. "

§ 2

Paragraph 1. The law shall enter into force on 1. January, 2009.

Paragraph 2. Section 1 of the law. 4 and 6-9 shall apply to cases concluded following the entry into force of the law.

The one in Marselisborg Castle, the 27th. December 2008 MARGRETHE R / Helge Sander
Official notes

1) The law contains provisions that implement parts of Directive 2002 /19/EC of the European Parliament and of the Council of 7. March 2002 on access to and interconnection between electronic communications networks and associated facilities (Access Directive) (EC Official Journal of 2002). L 108, s. 7).