Specification of the obligation to control prices in respect of the wholesale markets of voice call termination on individual mobile networks (Market 16)
By determination of 2 July 2008, approval was given to the final decision on the specification of the obligation to control prices in respect of the wholesale markets of voice call termination on individual mobile networks (market 16 of Commission Recommendation 2003/311/EC of 11 February 2003).
This decision established the maximum prices for the termination of voice calls on mobile networks to be applied from 15 July 2008 by the three mobile operators notified as having SMP (Significant Market Power), regardless of the origin of the call, with per second billing from the first second.
It was expected that this decision would be reviewed during the second half of 2009, taking into account developments in this area seen at the level of the European Regulators Group (ERG) and the European Commission, and in view of the evolution of the structural problems identified in these markets in terms of traffic imbalances and tariff differentiation between on-net and off-net calls.
Position on spin-off of PT Multimédia
Following the structural separation of PT Multimédia, now ZON TV Cabo, from Portugal Telecom (PT), by means of the process referred to as the spin-off of PTM, and the approval by the European Commission of Recommendation 2007/879/EC of 17 December on the relevant product and services markets in the electronic communications sector subject to ex-ante regulation, ICP-ANACOM considered that it was appropriate to adopt and make public, in April 2008, its position on the concluded operation and its impact with respect to the analyses of markets and the obligations arising therefrom.
In this context, ICP-ANACOM made it clear that, with the spin-off, ZON TV Cabo was no longer included in Grupo PT, whereby the obligations arising from the market analyses conducted pursuant to Title IV of Chapter II of the Law of Electronic Communications (LEC) and which are binding on this group do not apply to ZON TV Cabo.
It was further decided that the obligations in force remain applicable to the companies of Grupo PT, under the terms of the new European Commission recommendation referenced above, until a review is conducted of the analysis of markets, even while the intention has been expressed to conclude the evaluation of the ways in which the obligations maintained on the PT Group in the scope of market 12 are implemented. Aware of the impact of the spin-off on markets 11 and 12 defined by the previous recommendation, now known as 4 and 5, the Regulator also expressed its intention to give priority to the analysis of these markets.
Approval of the report of the consultation and the final decision on the definition of product markets and geographic markets, evaluations of significant market power (Markets 4 and 5)
On 4 December 2008, ICP-ANACOM approved the report on the consultation of interested partied and the final decision on the definition of product markets and geographic markets, evaluations of SMP and imposition, maintenance, amendment or suppression of regulatory obligations in relation to the market for the supply of wholesale network infrastructure access (physical) at a fixed location (market 4) and the market for the supply of wholesale broadband access (market 5). The European Commission and the NRAs of the other Member States were notified.