Following the decision taken in the scope of the determination of ANACOM’s Management Board of 14 March 20141, on the price of the Digital Terrestrial Television service (DTT) provided by PT Comunicações, S.A., (now MEO - Serviços de Comunicações e Multimédia, S.A., hereinafter “MEO”), this Regulatory Authority developed an in-depth investigation into costs of this service (having also analysed revenues in detail). On this occasion, ANACOM considered that this evaluation constituted a relevant element in the scope of the assessment of the opportunity for which this Authority is responsible as regards the launch of a possible procedure for the analysis of the market within which the DTT service is included.
By determination of 2 May 20142 on the price charged by MEO for the DTT service, and taking into account3 that it could not be concluded unequivocally that the charged price was excessive and that results of the referred in-depth investigation to DTT costs would allow a quicker and more substantiated decision on whether a market analysis was required, ANACOM decided not to intervene on that occasion as regards the review of the price charged for the DTT service, and to reassess the matter in the scope of the public consultation and of an in- depth investigation of costs of DTT services provided by MEO, which was already underway, and which could be used as an input in the analysis of the market in which the DTT service is integrated, on which this Authority would take a decision in due course.
By decision of 22 July 2015, ANACOM approved a draft decision on the conclusions of the in-depth investigation into the costs and revenues of the digital terrestrial television (DTT) service provided by MEO4.
It was decided to submit this DD to the prior hearing of interested parties, pursuant to articles 100 et seq of the former Administrative Procedure Code, approved by Decree-Law No 442/91, of 15 November, (applicable ex vi article 8 of Decree-Law No 4/2015, of 7 January, which approves the new Administrative Procedure Code), as well as to the general consultation procedure laid down in article 8 of the Electronic Communications Law - ECL5, stakeholders having been granted in both cases a period of 30 days to assess the matter.
By order of the Chairman of ANACOM’s Management Board, of 31 August 2015, approval was granted to MEO’s request for the extension, by 10 working days, of the deadline for commenting the prior hearing and general consultation procedure to the DD on DTT costs6.
Comments received, the respective analysis and reasoning of the decision have been included in the “Report of the prior hearing and public consultation on the in-depth investigation into the costs and revenues of the DTT service provided by MEO”, which is deemed to be an integral part of this determination.
1 Draft decision on the prices charged by PT Comunicações, S.A. (PTC) for the encoding, multiplexing, transport and broadcast over the DTT network of free unrestricted access television channels (MUX A). Available at: 'Draft decision on the prices charged by PTC in respect of encoding, multiplexing, transport and broadcast of free unrestricted access television channels by DTT network (MUX A)https://www.anacom.pt/render.jsp?contentId=1194064'.
2 Decision on the price charged by PTC for the encoding, multiplexing, transport and broadcast over the digital terrestrial television network (DTT) of free unrestricted access television channels (MUX A), following the request for intervention made by Rádio e Televisão de Portugal (RTP) seeking immediate mediation in the determination of pricing charged by PTC for that service and report of the public consultation and prior hearing held on the corresponding draft decision. Available at: 'Price charged by PTC for the encoding, multiplexing, transport and broadcast of free unrestricted access television channels by digital terrestrial network (DTT) (MUX A)https://www.anacom.pt/render.jsp?contentId=1217592'.
3 On the basis, among other, of data in MEO’s MUX A tender proposal, and more recent costing data.
4 Available at 'Draft decision on the conclusions of the comprehensive investigation into DTT costs and earnings'. Available at 'Draft decision on the conclusions of the comprehensive investigation into DTT costs and earningshttps://www.anacom.pt/render.jsp?contentId=1362508'.
5 Law No 5/2004, of 10 February, as amended by Law No 51/2011, of 13 September, Law No 10/2013, of 28 January, Law No 42/2013, of 3 July, Decree-Law No 35/2014, of 7 March and Law No 82-B/2014, of 31 December.
6 This decision was ratified by ANACOM’s Management Board at the meeting of 4 September.
