Law No. 5/2004 of 10 February (hereinafter LEC) approved the legal regime governing electronic communications networks and services and associated facilities and services, defining the powers of the National Regulatory Authority (NRA) in this area.

This legislation transposes Directives Nos 2002/19/EC, 2002/20/EC, 2002/21/EC, 2002/22/EC, all of the European Parliament and of the Council of March 7 and EC Directive No 2002/77/EC of 16 September.

The NRA - ICP-ANACOM - is charged with defining and analyzing the relevant markets, identifying undertakings with significant market power (SMP) and determining appropriate measures to companies which offer electronic communications networks and services (Article 18 of LCE).

This process is carried out according to the following stages (articles 55 to 61 of the LCE) 1:

  • Definition of the relevant market (article 58 of the LCE);
  • Analysis of the relevant market (article 59 of the LCE);
  • The imposition, amendment or withdrawal of regulatory obligations (art 55 and 59 of the LCE).

1 Articles 7 and 14 to 16 of the Framework Directive.