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Interconnection of Networks




     The undertaking providing a public network shall have the right and, upon the request of other undertaking providing a public network, the obligation to negotiate network interconnection and, if feasible, on the basis of a contract of interconnection, to interconnect its network with the network of the requesting undertaking for the purposes to provide public services, to ensure the provision and interoperability of services. The contract of interconnection shall be in a written form. The substantial part of the contract of interconnection shall be the price of interconnection.

     The undertaking providing a public network shall have the right and, upon the request of another undertaking providing a public network based on the general authorisation, the obligation to negotiate network interconnection and, if feasible, on the basis of a contract, to interconnect its network with the network of the requesting undertaking. The undertaking of other Member State requesting access or interconnection in the Slovak Republic is exempt from the notification obligation on this territory if it does not provide services or networks here.

     Interconnection may be provided by the undertaking or third party having access to a public network. Interconnection of public networks shall be available in usual points of interconnection and in the quality, which shall not be inferior than the operation of the public network for own needs of the undertaking or for the provision of the public network and service to the undertaking in the position of a controlled person or an undertaking in which it has the right to make co-decision. The undertaking shall be responsible for interoperability of services on that part of the public network it operates, up to the point of interconnection.

The undertaking providing public network shall be obliged to enable interconnection:

a) Under technical requirements given by technical standards and technical specifications pursuant to Section 14, Subsection 2, Letter q) ensuring interoperability of services;
b) In a reasonable period and under reasonable contractual terms and conditions, whereas the interconnection shall not be subject to payment for those parts of the public network or equipment which are not inevitable for interconnection;
c) Also in other locations than in usual points of interconnection of public networks, if the undertaking providing a public network requests so and covers the essential costs of such interconnection.

     The undertaking shall be obliged to submit the concluded contract of interconnection of networks in a written form to the Office within 45 days from its conclusion; the undertaking shall be obliged to submit the concluded contract in an electronic form in the same period and to the extent covering basic technical and economic terms and conditions of interconnection. The Office shall publish notification of conclusion of the contract of interconnection of networks, including basic technical and economic terms and conditions of interconnection and shall allow everyone, requesting so, to look into the contract, except for those parts of the contract which is considered to be business confidentiality15. The price for interconnection is not subject to business confidentiality. 

     In its decision after the consultations under Section 10, the Office may impose on the undertakings that control at least one network end point the obligations to the necessary extent to ensure for interconnectivity between network end points, in reasoned cases also the obligation to interconnect the network in the period laid down by the Office and to the required extent also the obligations for ensuring interoperability of their services; this is without prejudice to the obligations imposed on SMP undertakings under this Act.

     The information acquired by the undertakings during the negotiation on interconnection of public networks shall be used solely for the purpose for which it was acquired and shall not be passed on to the third parties for whom such information could provide a competitive advantage. This provision shall not apply to the information under Section 40, Subsection 3.