(1) Subject to these Regulations, an undertaking, whether established in the State or in another Member State, shall not be prevented from negotiating with any other such undertaking an agreement on technical and commercial arrangements for access or interconnection in accordance with European Union law.

(2) An undertaking requesting access or interconnection in the State does not need to be authorised to operate in the State if it is not providing services and does not operate a network in the State.

(3) The Regulator shall not maintain or impose measures which require undertakings, when granting access or interconnection, to offer different terms and conditions to different undertakings for equivalent services or measures imposing obligations that are not related to the actual access and interconnection services provided without prejudice to the conditions specified in Schedule 1.