The imposition, maintenance, alteration or removal of obligations

In the previous sections identification was made and analysis conducted of the relevant markets for wholesale terminating segments throughout the entire national territory and of trunk segments on "Routes NC", whereby it was concluded that Grupo PT has SMP on these leased lines markets. Identification was also made of the retail markets of leased lines throughout the entire national territory and the wholesale market of trunk segments on "Routes C", which markets were not considered relevant for the purposes of ex ante regulation.

In this context, in markets where SMP exists, ICP-ANACOM is bound to impose one or more regulatory obligations or maintain or amend such obligations where these already exist ¹, and shall withdraw obligations which have been imposed in any markets which are now not considered relevant for the purposes of ex ante regulation.

As noted above, the existing regulatory framework favours the imposition of obligations at wholesale market level, whereas regulatory measures should only be imposed on retail markets as a last resort ².

The imposition of obligations at wholesale level over the imposition of obligations in retail markets has the advantage of tackling market failures through measures imposed directly where problems are identified. Additionally, the effects of these measures have an impact not only on the wholesale markets where they are imposed but also in downstream retail markets, promoting competition and general welfare, with benefits for end-users. Finally, it should also be noted that the principle of favouring the imposition of obligations on wholesale markets should be aligned with the objective of promoting efficient investment in infrastructure and innovation.

In the imposition, amendment and withdrawal of obligations, ICP-ANACOM takes into account several principles that stem from the documents of the EC and the ERG, from the ECL and also from the regulatory principles and objectives established by this Authority.

It is deemed appropriate that these principles are known to the market and taken into consideration prior to the imposition (or withdrawal) of any obligation(s) in the market(s), which is why they are set out in the next section of this document.

 
¹ See Guidelines §21 and §114 and articles 56, e) and 59, paragraph 4 of the ECL.
² See Recommendation - ''Explanatory Memorandum'', Section 4.

• Principles considered in the imposition, amendment or withdrawal of obligations http://www.anacom.pt/render.jsp?categoryId=339384

• Obligations currently in force http://www.anacom.pt/render.jsp?categoryId=339385

• Withdrawal of obligations on the retail markets throughout the entire national territory and of trunk segments on ''Routes C'' http://www.anacom.pt/render.jsp?categoryId=339387

• Identification of appropriate obligations on relevant wholesale markets http://www.anacom.pt/render.jsp?categoryId=339390

• Conclusion http://www.anacom.pt/render.jsp?categoryId=339401