(1) An undertaking which has been designated as having significant market power in one or several relevant markets in accordance with Regulation 49 may offer commitments to the Regulator, in accordance with the procedure set out in Regulation 61 and subject to paragraph (2), to open the deployment of a new very-high-capacity network that consists of optical fibre elements up to the end-user premises or base station to co-investment, for example by offering co-ownership or long-term risk sharing through co-financing or through purchase agreements giving rise to specific rights of a structural character by other providers of electronic communications networks or services.

(2) When the Regulator assesses commitments offered by an undertaking in accordance with paragraph (1), it shall determine, in particular, whether the offer to co-invest complies with all of the following conditions:

(a) it is open at any moment during the lifetime of the network to any provider of electronic communications networks or services;