By determination of 30 March 2005, ANACOM has approved the decision regarding the definition of product markets and geographic markets, assessments of significant market power (SMP) and imposition, maintenance, alteration or suppression of regulatory obligations in the unbundled access wholesale market (market 11 of the Commission Recommendation 2003/311/EC, of 11 February 2003).
ANACOM has concluded that the following unbundled access wholesale market exists in Portugal: unbundled access wholesale supply (including shared access) to metallic loops and sub-loops for the purpose of providing broadband and voice services. Furthermore, ANACOM concluded that the undertakings of the PT Group operating in that market posess SMP.
The obligations to be imposed upon those undertakings, identified as possessing SMP, are the following: access to local loops and sub-loops and to associated facilities; to negotiate in good faith with undertakings requesting access and not to withdraw access to facilities already granted; publication of the RUO and a 30-day pre-warning regarding alterations in the provision; not to discriminate unduly in providing access to local loops and sub-loops and to associated facilities; cost accounting system and accounting separation; to set prices on the basis of cost orientation; to maintain the adopted method to estimate costs and the possibility of moving towards prospective long-run incremental cost models; availability of accounting records (Customs Accounting System), including data regarding revenue from third parties.
The adoption of the established measures was preceded by the applicable consultation procedures, following the determination of 24 November 2004, the corresponding report having been also approved, which assesses observations received from 6 entities: PT Group (Portugal Telecom SGPS, PT Comunicações S.A., PT Prime S.A., PT.COM – Comunicações Interactivas S.A. and PT Corporate S.A.); OniTelecom – Infocomunicações, S.A. (OniTelecom); Sonaecom SGPS SA (Novis Telecom SA, Optimus Telecomunicações SA, Clixgest SA); Telemilénio – Telecomunicações, sociedade unipessoal, Lda (Tele2); Vodafone Portugal – Comunicações Pessoais, S.A. (Vodafone); BT Portugal – Telecomunicações, Unipessoal, Lda (BT Portugal).
The opinion of the Competition Authority was likewise received and the European Commission has issued the respective observations.
The measure now adopted shall be notified, under the law, to the European Commission and to the national regulatory authorities (NRA) of the remaining Member States.
Consult:
- Unbundled access wholesale market (market 11) - consultation launched on 25.11.2004 https://www.anacom.pt/render.jsp?categoryId=136222
