By determination dated 24 June 2005, the decision was approved in relation to the definition of product markets and geographic markets, assessment of significant market power (SMP) and the imposition, maintenance, amendment or withdraw of regulatory obligations in the broadband access wholesale market (market 12 of the Commission Recommendation 2003/311/EC, of 11 February 2003).
For the purposes of ex-ante regulation and in accordance with the principle of competition law, ANACOM has identified the broadband access wholesale market, which includes broadband access services supported on the switched public telephone network and cable distribution networks covering all of Portugal, as being relevant. Furthermore, ANACOM has concluded that the PT Group has SMP in this market.
Consequently, it has been concluded that obligations should be imposed regarding access to and the use of specific network resources, transparency in the publication of information (including reference offers), non-discrimination in the offer of access, interconnection and respective provision of information, accounting separation in specified activities related to access and interconnection, price control, cost accounting and financial reporting.
The adoption of these measures was preceded by applicable consultation procedures following the determination of 24 November 2004 which approved the corresponding draft decision. Its corresponding report, which analyses the comments received from the following entities, has now also been approved: PT Group (Portugal Telecom SGPS, PT Comunicações, PT Prime, PT.COM – Comunicações Interactivas, PT Corporate, PT Multimédia - Serviços de Telecomunicações e Multimédia SGPS and CATVP – TV Cabo Portugal), OniTelecom, Sonaecom SGPS (Novis Telecom, Optimus - Telecomunicações and Clixgest), Telemilénio - Telecomunicações (Tele2), Vodafone Portugal – Comunicações Pessoais, BT Portugal – Telecomunicações, Unipessoal, and the SGC Telecom Group (Jazztel, Netvoice and WTS). Comments were also received from two private individuals, Helder Santos and Emerson Arrais. In addition, the Competition Authority and the European Commission presented their views during the consultation process.
This decision shall be duly notified, pursuant to the applicable law, to the European Commission and to the National Regulatory Authorities (NRA) of the remaining Member States.
Consult:
- Market 12 - Wholesale provision of broadband access https://www.anacom.pt/render.jsp?categoryId=152442
See also:
- ANACOM seeks greater ease in customer migration between broadband operators https://www.anacom.pt/render.jsp?contentId=280279
