Autoridade da Concorrência (AdC - The Competition Authority)
Under paragraph 2 of article 28 of Law no. 18/2003 of 11 June (the Competition Law) an opinion of ICP-ANACOM was sent to AdC, requested by that Authority on the draft final decision adopted in respect of the case relating to the provision of leased circuits of PTC in which PTC was defendant.
Submission was likewise made to AdC, under the terms of paragraph 1 of art 39 of the Competition Law, in May 2008, of an opinion on the prior notification of a concentration operation whereby CATVP-TV Cabo Portugal, S.A. proposed to acquire sole control of TVTel.
In the same area, during 2008, a number of additional items were sent to AdC, necessary for pursuit of cases involving the analysis of both the transaction referenced above, and that involving the acquisition of sole control by CATVP - TV Cabo Portugal, S.A., of Bragatel, of Pluricanal Leiria - Televisão por Cabo, S.A., and of Pluricanal Santarém - Televisão por Cabo, S.A.
AdC also asked, in 2008, for clarifications from ICP-ANACOM, following complaints received about the lack of transmission capacity in the links provided by PTC between the mainland - Azores and Madeira.
On this subject, which was already under review by the sector regulator, AdC was informed that the solution should be found under the laws and regulations applicable to the provision of leased circuits, the concession contract of public telecommunications service and, in particular, the obligations imposed on PTC pursuant to the analysis of wholesale markets for terminating and transit segments of leased circuits.
Other Entities
ICP-ANACOM received a request for an opinion from the panel of a public tender launched by the Ministry of Finance and Public Administration for the contracting of a fixed telephone service and related services, following a complaint lodged by Onitelecom in connection with practices restricting competition. The opinion of ICP-ANACOM on the subject was transmitted to the Ministry, which was notified to the Competition Authority, likewise consulted in this process.
At the request of Gabinete para os Meios de Comunicação Social (GMCS - Media department), a response was prepared to a questionnaire from the Council of Europe on legal protection of conditional access services.
A number of clarifications were also issued on the legal regime of the Municipal Fee for Rights of Way (MFRW), in response to several requests from municipalities.
