By determination of 25 May 2005, ANACOM approved the decision on market definition and assessment of significant market power (SMP) for the market of transit services in the fixed public telephone network (market 10 of Commission Recommendation 2003/311/EC of 11 February 2003).
ANACOM has concluded that the market of transit services is a residual and competitive market, and it did not encounter any present or foreseeable market failures; even if such issues were to arise, ANACOM considers that the application of current legislation and of competition mechanisms would be sufficient to rectify any failure.
No undertakings with SMP were identified, and thus ex-ante regulatory obligations shall not be maintained nor imposed. Therefore, the obligations imposed upon PT Comunicações (PTC) in the market of transit services in the fixed public telephone network, being an operator notified as possessing SMP in the interconnection national market in the scope of the prior regulatory framework, shall be suppressed with the entry into force of the present decision, which shall take place 50 working days after the approval thereof. In this context, PTC shall inform its clients, within a 10-working-day time limit, that the obligations previously imposed in the market of transit services shall be suppressed in due time.
The adoption of these measures was preceded by the applicable consultation procedures, following the determination of 25 February 2005, that approved the respective draft decision, the corresponding report having also been approved, assessing received comments from the following entities: PT Group (Portugal Telecom SGPS, PT Comunicações, TMN - Telecomunicações Móveis Nacionais, PT Prime, PT.Com - Comunicações Interactivas and PT Corporate), REN Telecom - Comunicações, OniTelecom - Infocomunicações, SonaeCom SGPS (Novis Telecom, ClixGest, Optimus - Telecomunicações) and Vodafone Portugal - Comunicações Pessoais. The Competition Authority and the European Commission also issued their opinions in the scope of the consultation process.
This decision shall be notified, under the applicable legal provisions, both to the European Commission and to national regulatory authorities (NRA) of remaining Member States.
Consult:
- Transit market in the public telephone network at a fixed location (draft decision) (market 10) - consultation launched on 1.3.2005 https://www.anacom.pt/render.jsp?categoryId=145022
See also:
- Market analysis - ANACOM concluded that the market of transit services presents competitive situation https://www.anacom.pt/render.jsp?contentId=276399
