Non-acceptance of EC Recommendation on the analysis of markets 3a and 3b put to consultation

By decision of 22 December 2016, ANACOM has approved a draft decision evaluating the European Commission’s Recommendation of 29 November 2016, in respect of processes PT/2016/1888 and PT/2016/1889. These processes concern ANACOM’s analysis of the markets of wholesale local access provided at a fixed location (market 3a) and wholesale central access at a fixed location for mass-market products (market 3b).

In the draft decision, ANACOM presents a reasoned justification for the non-alteration and non-withdrawal of the draft final decision approved on 30 June 2016 (notified to the European Commission on 1 July 2016), and therefore entails non-acceptance of the European Commission's Recommendation.

ANACOM considers that the decision in question is the one that best safeguards the interests of Portugal and of citizens, promoting coverage of the country by next generation networks (NGN) and combating digital exclusion. From the regulator's point of view, the strengthening of regulatory measures governing access to ducts and posts is the most appropriate way of increasing competition in the Portuguese market and to promote development of NGNs in Portugal. These regulatory measures contribute to reducing the costs of NGN deployment, so that, in areas which still lack high-speed networks, all operators face similar conditions for investing in the development of their own infrastructure.

It was decided to submit this draft decision to a prior hearing of interested parties and to the general consultation procedure, with stakeholders given a period of 20 working days, under both procedures, to respond.  Comments should therefore be submitted in writing and in Portuguese no later than 24 January 2017, sent by email to mercados3ae3b@anacom.ptmailto:mercados3ae3b@anacom.pt1. Once the consultation process has been concluded, the contributions received will be made public. Therefore, for the purposes of publication on this website, interested parties should also submit a non-confidential version of their responses excluding items considered confidential.

1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.


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