(1) An undertaking which has been designated by the Regulator as having significant market power in one or several relevant markets in accordance with Regulation 49 ("an SMP undertaking") shall notify the Regulator in advance and in a timely manner of when it plans to decommission or replace with a new infrastructure parts of the network, including legacy infrastructure necessary to operate a copper network, which are subject to obligations pursuant to Regulations 50 to 62.

(2) The SMP undertaking referred to in paragraph (1) shall, prior to any decommissioning or replacement of legacy infrastructure, submit a decommissioning or replacement process, as appropriate, to the Regulator, which the Regulator shall ensure -

(a) includes a transparent timetable and conditions, including an appropriate notice period for transition, and

(b) establishes the availability of alternative products of at least comparable quality providing access to the upgraded network infrastructure substituting the replaced elements, that in the opinion of the Regulator, are necessary to safeguard competition and the rights of end-users.