Market 18 - Broadcasting services for the delivery of content transmitted to final users

By determination of 2 August 2007, ANACOM has given final approval to the final decision on the definition of product and geographical markets, assessments on significant market power (SMP) and the imposition, amendment or suppression of regulatory obligation in the wholesale market of broadcasting services for the delivery of content transmitted to final users (market 18 of the Recommendation of the Commission 2003/311/EC of 11 February 2003).
 
This decision takes consideration of the comments sent by the Commission under the terms of paragraph 3 of article 7 of Directive 2002/21/EC, by which ANACOM was invoted to ''a vigiar os desenvolvimentos neste mercado e a reavaliar a situação se necessário'', given that emerging broadcasting technologies, such as FWA and xDSL/IP, could represent a growing competitive constraint to cable television broadcasting services.
 
ANACOM identified the wholesale market of television broadcasting through terrestrial analogue networks, which cover the entire national territory, as being relevant for the purposes of ex-ante regulation.
 
Furthermore, ANACOM concluded that, in view of its market shares, the size of the market leader and its degree of concentration, the existence of expansion barriers, the lack of indications that point to the existence of effective competition between the companies (prices and other variables) and the lack of potential competition, the company of Grupo PT which operates in this market, PT Comunicações (PTC) holds SMP in this market and such shall be subject to the imposition of obligations.
 
Among these obligations, in respect of the access to and use of specific network resources, transparency in the disclosure of information, non-discrimination in access and interconnection provision and in the respective disclosure of information, separation of accounts for specific activities in connection with access and/or interconnection, price control and cost accounting and financial report.