By decision of 11 February 2016, ANACOM has approved the report on the prior hearing and consultation conducted on the draft decision, approved on 6 February 2012, concerning the definition of the markets of wholesale access to network infrastructure at a fixed location and wholesale broadband access (markets 4 and 5, respectively, of Recommendation 2007/879/EC of 17 December), on significant market power (SMP) and imposition, maintenance, amendment or withdrawal of regulatory obligations.
In this context, comments were received from the following entities: AdC - Autoridade da Concorrência (Portuguese Competition Authority); Cabovisão - Televisão por Cabo; The Government of the Autonomous Region of Madeira; Grupo Portugal Telecom; OniTelecom; Optimus, Comunicações; Vodafone Portugal - Comunicações Pessoais; ZON TV Cabo Portugal, ZON TV Cabo Açoreana and ZON TV Cabo Madeirense. Likewise, a common position was received from G9SA, Claranet Portugal - Telecomunicações and NFSI Telecom.
Under the terms of the decision, a new draft decision was approved reviewing the analysis of the markets of wholesale local access at a fixed location (market 3a) and of wholesale central access at a fixed location for mass-market products (market 3b), which includes definition of product and geographic markets, assessment of SMP and the imposition, maintenance, amendment or withdrawal of regulatory obligations.
This draft decision is submitted to the prior hearing of interested parties, pursuant to articles 121 and 122 of the Código de Procedimento Administrativo (Administrative Proceeding Code), and to the general consultation procedure provided for in article 8 of the Lei das Comunicações Eletrónicas (Electronic Communications Law), with a period of 30 working days provided in both cases for interested parties to comment.
At the same time, it was decided to request the opinion of AdC - Autoridade da Concorrência (Portuguese Competition Authority), under the terms set out by law.
