In the scope of a draft decision, ICP-ANACOM determined alterations to the Reference Conduit Access Offer of PTC (RCAO), Portugal being the only country in Europe with such a Reference Offer. Among the alterations established by the regulator, the general reduction of prices regarding those in the proposal presented by PT Comunicações, as well as the maximum time-limits for the supply of services, may be included.
The maximum prices defined by the regulatory authority range between 10% and 42% below those submitted by PTC. The regulatory authority’s draft decision further refers a reduction of the maximum prices established for the supply of services provided to beneficiary entities of this offer, in a considerable improvement as regards both the optimisation of processes and procedures associated to service management and also increased incentives to the compliance with offer conditions through the increase of penalties applicable in this scope.
The alterations to be introduced by PTC in the respective Reference Offer for Access shall be subject to a public consultation, and the ORAC shall enter into force 30 days after the final decision of the regulatory authority on this matter has been issued.
ICP-ANACOM also determined that PTC should create, maintain and update a database with descriptive information of ducts and associated infrastructure. Thus, up to 20 September, PTC shall submit to ICP-ANACOM a description of the database design and a detailed and phased time-tabling of the database operation process and of the comprehensive catalogue of records of ducts and associated infrastructures, per geographical area, throughout the national territory.
Moreover, PTC shall also submit to the regulatory authority the description of the space available in ducts, considered necessary for the development of its own infrastructures and that will probably be used during the period when the reference offer is valid.
These measures are deemed fundamental in order to ensure that alternative operators keep abreast with existing ducts and the state thereof.
The present decision highlighted that the efficient use of existing infrastructure also depends on the promotion and examination of conditions for access to ducts of the concessionaire, an extremely important matter as far as the promotion of conditions for competition and development in the communications market is concerned, by creating externalities for the Portuguese economy resulting from investments made by several economic actors.
In this context, the investment in ducts must be compatible with economic efficiency criteria, by avoiding the inefficient duplication of infrastructures as well as inconvenience for citizens and economic activities resulting from the frequent and extensive work on the ground and underground, with the subsequent disruption at the level of traffic and territorial planning, not to mention the environmental repercussions involved.
Consult:
- Alterations in the Reference Conduit Access Offer of PTC https://www.anacom.pt/render.jsp?contentId=419117
