The experience identified in other countries concerning the deadliness for the development of similar offers to the SLRO, having regard to the technical and operational complexities of the related processes, as well as a lack of a collaboration tradition among national operators, leads, reasonably enough, to the analysis and discussion of the regulatory framework that supports the obligation upon PTC to make this wholesale offer available. In this context, the SLRO is deemed to be compatible with the provisions of the present and future regulatory frameworks.
The regulatory framework in force, foreseen for the transition to a situation of full competition in the interconnection and FTS markets, is consubstantiated through the provisions of Decree-Law no. 415/98 of 31/12/98 and of Decree-Law no. 474/99 of 08/11/99, that transpose Directives 97/33/EC and 98/10/EC1, respectively. In this framework, the obligation of entities with SMP to comply with the principle of non-discrimination as far as interconnection offers are concerned should be pointed out, as expressed in article 8 of Decree-Law no. 415/98 and article 33 of the Regulations for Operation of the FTS. This obligation is expressed, namely, through the offer by those entities of the conditions, particularly information and special network access facilities, which they apply to their own services, subsidiaries or associates to those requesting interconnection who have similar services and who are in similar conditions.
According to the new regulatory framework, the ex ante regulation shall constitute an adequate mean of intervention in markets where there is no effective competition. Within this scope, following the identification of undertakings with a dominant position in the relevant markets, ANACOM should decide on the imposition, maintenance, amendment or withdrawal of obligations upon these entities. Directive 2002/19/EC of 07/03/02 on access to, and interconnection of, electronic communications networks and associated facilities, identifies, in articles 8 to 13, the obligations to be imposed, according to what is appropriate, on undertakings with SMP, namely: transparency, non-discrimination, accounting separation, access to and use of specific network facilities, price control and cost accounting.
Decree-Law no. 415/98https://www.anacom.pt/render.jsp?contentId=981631, of 31 of December;
Decree-Law no. 474/99https://www.anacom.pt/render.jsp?contentId=983504, of 8 of November;
Law no. 95/2001https://www.anacom.pt/render.jsp?contentId=984643, of 20 of August;
Decree Law no. 133/2002https://www.anacom.pt/render.jsp?contentId=983486, of 14 of May;