Access and use of infrastructure - draft regulation

ANACOM approved, on 12 December 2019, the draft regulation on the methodology to be used to determine the value of remuneration payable by electronic communications companies as consideration for access to and use of infrastructure suitable for accommodating electronic communications networks.  

In the methodology that is now being implemented, ANACOM has taken into account that it is aimed at different types of entities (owners or managers of suitable infrastructure) and, as such, in its implementation, an attempt has been made to consider the impact it will have on investment incentives, competition and the economic and financial sustainability of the various entities that own or manage this type of infrastructure. From the viewpoint of this Authority, the methodology now defined constitutes the most proportional, adjusted and non-discriminatory solution, also ensuring the principle of non-cross subsidisation between sectors, avoiding significantly different prices for similar services from being set.

It was decided to submit the draft regulation to the regulatory consultation procedure, under the terms foreseen in article 10 of the Statutes of ANACOM in articles 99 et seq. of the Código do Procedimento Administrativo (Administrative Procedure Code).

This draft regulation, which is now available, will be published in the 2nd series of the Diário da República (Official Journal), and from that date onwards a period of 30 working days shall be allowed for the interested parties to make their views known, in writing and in Portuguese.