Article 8
Cable television networks 1. Each Member State shall ensure that no undertaking providing public electronic communications networks operates its cable television network using the same legal entity as it uses for its other public electronic communications network, when such undertaking: (a) is controlled by that Member State or benefits from special rights; and (b) is dominant in a substantial part of the common market in the provision of public electronic communications networks and publicly available telephone services; and (c) operates a cable television network which has been established under special or exclusive right in the same geographic area. 2. The term "publicly available telephone services" shall be considered synonymous with the term "public voice telephony services" referred to in Article 1 of Directive 1999/64/EC. 3. Member States which consider that there is sufficient competition in the provision of local loop infrastructure and services in their territory shall inform the Commission accordingly. Such information shall include a detailed description of the market structure. The information provided shall be made available to any interested party on demand, regard being had to the legitimate interest of undertakings in the protection of their business secrets. 4. The Commission shall decide within a reasonable period, after having heard the comments of these parties, whether the obligation of legal separation may be ended in the Member State concerned. 5. The Commission shall review the application of this Article not later than 31 December 2004.