Public consultation on cost models

By determination of 28 October 2009, ANACOM has decided, with respect to the public consultation process on cost models:

(i) to recognise that, in the light of the developments that have occurred in the meantime at Community level, culminating in particular in the Recommendation on Accounting Separation and Cost Accounting Systems as well as the Recommendation on termination rates (mobile and fixed), the current context regarding the development and implementation of regulatory cost models is materially different from that existing at the time of the launch of the public consultation;

(ii) to note, as a result, that both the consultation document and the contributions received may not now be focused on the main issues at stake and may have become removed from their context, insofar as they may not reflect the current position of the different parties; as such ANACOM has decided not to prepare a report on the public consultation on cost models;

(iii) to take note of a summary of the comments received, deeming that these contributions, with the constraints mentioned above, are factors that need to be taken into account in a more general and up-to-date reflection which it is now important to undertake in the light of the new framework comprised by the issues related to regulatory costing;

(iv) to inform interested parties of the upcoming developments at a national level on regulatory costing, as recommended by this Authority, in particular:

a. As part of its regular supervision of the development of the regulatory costing system of PT Comunicações, ANACOM has contracted two consulting firms to undertake two specific studies, both of which are nearing completion, concerning the methodology used for calculating the cost of capital to be considered in the regulatory costing system of the company and concerning the regulatory framework of curtailment costs in the same system. In the short term, and foreseeably before the end of this year, taking into account the conclusions drawn from these studies, the guidelines proposed by this Authority in respect of these matters will be submitted to a consultation of interested parties;

b. A consultancy study is planned to obtain a comprehensive assessment of the current regulatory costing system of PT Comunicações and its possible reformulation, to be carried out during 2010;

c. In the context of mobile communications, an internationally published tender has been launched for the development and implementation of a model of termination on mobile networks, in accordance with the Recommendation of the European Commission, which is expected to become operational by mid-2010 with a view to the provision of relevant data to set termination rates from 2011, while 2010 rates will still be determined using benchmarking;

(v) to stress that the developments envisaged will address a number of the issues covered by the 2005 public consultation and that interested parties will be given opportunity to comment in a more informed manner, in the current context and on more specific aspects.