By determination of 4 July 2014, ANACOM has approved the draft decisions to be notified to the European Commission (EC), the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities of other Member States of the European Union (EU), as related to markets 1 and 2 of Commission Recommendation 2007/879/EC of 17 December 2007https://www.anacom.pt/render.jsp?contentId=984081, i.e.:
- the retail markets of access to the public telephone network at a fixed location and markets of telephone services provided at a fixed location - definition of relevant markets, assessment of significant market power (SMP) and the imposition, maintenance, amendment or withdrawal of regulatory obligations (market 1);
- the wholesale market of call origination at a fixed location - definition of product and geographic markets, SMP assessment and the imposition, amendment or withdrawal of regulatory obligations (market 2).
As a result of the analysis, it is concluded that the retail markets of access to the public telephone network at a fixed location, the retail markets of publicly available telephone services at a fixed location and the retail market of calls to non-geographic numbers are not relevant for the purposes of ex-ante regulation. As such, the companies of Grupo PT do not have SMP in these markets and all obligations which had been imposed in this area are to be withdrawn.
As regards Market 2, it is considered that the companies of Grupo PT which operate in the wholesale market of call origination on public telephone networks at a fixed location have SMP in this market, whereby they are made subject to a set of regulatory obligations, including: obligations of access, non-discrimination, transparency (involving provision of an reference interconnection offer - an obligation imposed on PT Comunicações (PTC) only), price control, accounting separation and cost accounting. These companies also remain subject to obligations to implement the selection and pre-selection of calls and to make available a subscriber line resale offer, applying in both cases to PTC only, as previously resulting from it holding SMP in Market 1.
On the same date, approval was likewise given to the reports on the prior hearing and consultation to which the respective draft decisions were submitted, subsequent to their approval by determination of 19 December 2013.
Consult:
- Notification of Markets 1 and 2 https://www.anacom.pt/render.jsp?contentId=1282772
