Principles to be considered in the imposition, amendment and withdrawal of obligations

In order to minimise or eliminate problems of competition, ICP-ANACOM is charged with selecting the obligations which directly or indirectly affect the strategic variables of the dominant companies, ensuring that these obligations adhere to certain requirements, including that they:

(a) are appropriate to the identified problem, and are proportional and justified in the light of the basic objectives set forth in article 5 of the LCE (article 55, paragraph 3, point a) of the LCE );

(b) are objectively justified in respect of the networks, services or infrastructure to which they refer (article 55, paragraph 3, point b), of the LCE);

(c) do not result in undue discrimination in respect of any entity (article 55, paragraph 3, point c), of the LCE);

(d) are transparent in regard to their purpose (article 55, paragraph 3, point d), of the LCE).

Furthermore, ICP-ANACOM, in strict compliance with the national regulatory framework and EU Directives, is bound to favour proportional intervention, imposing the minimum obligations required to overcome the problems of competition identified and to contribute effectively towards a competitive situation.

As the ultimate goal of regulation, ICP-ANACOM's objective is to promote competition in the provision of electronic communication networks and services, resources and associated services, contributing to the development of the internal market of the European Union and upholding the interests of citizens 1. In particular, it is incumbent on ICP-ANACOM to ensure that users derive maximum benefit in terms of choice, price and quality, ensuring that there is no distortion or restriction of competition in the electronic communications sector, and further to encourage efficient infrastructure investment and promote innovation;

According to articles 67 to 72 and 74 to 76 of the LCE, the obligations which might be imposed on undertakings with SMP in the identified market are:

(a) transparency in relation to the publication of information, including reference offers;

(b) non-discrimination, in relation to the provision of access and interconnection and the respective provision of information;

(c) accounting separation in respect of specific activities related to access and interconnection;

(d) respond to reasonable requests for access;

(e) price control and cost accounting;

In the analysis and definition of the obligations to be imposed, maintained or amended account shall also be taken, as previously stated, of the principles established in the ERG Common Position on the subject, presented in the document ''Revised ERG Common Position on the approach to Appropriate remedies in the ECNS regulatory framework'' 2, May 2006.

Based on the problems of competition identified in the previous chapter, and taking as a starting point the regulatory obligations that are currently in force and were imposed under the previous market analysis, ICP-ANACOM identifies below the obligations which should be maintained, or potentially amended or withdrawn. 

1 See Law No 5/2004, article 5.
2 Available at ERG (06) 33 ''Revised ERG Common Position on the approach to Appropriate remedies in the ECNS regulatory framework - Final Version May 2006''.