A deliberation of July 8th 2005 approved the decision on the definition of product and geographic markets, evaluations of significant market power (SMP) and the setting, maintenance, change or suppression of regulatory obligations regarding markets 7 (leased line retail market), 13 (leased line’s terminal segments wholesale market) and 14 (leased line’s transit segments wholesale market), of the Commission’s Recommendation 2003/311/EC, of February 11th 2003.
Further to the analysis made to these markets, ANACOM identified as relevant: the analogical and digital up to 2 Mbps leased line retail market in all of the national territory (including the Islands’ lines and routes); the analogical and digital leased line’s terminal segment wholesale market, without distinction of capacity; and the analogical and digital transit segments wholesale market, without distinction of capacity, both in all of the national territory. Moreover, it considered that the companies of PT Group who operate in these markets have SMP.
Therefore, it concluded that obligations of non discrimination must be imposed to companies with SMP on market 7 (currently, PT Comunicações and PT Prime) regarding the offer and provision of information, transparency in the disclosure of information, price control and cost accounting. On markets 13 and 14, companies identified with SMP (currently, PT Comunicações) have obligations of access and use of specific network resources, non-discrimination in the access and interconnection offer and in the disclosure of information, transparency in the disclosure of information, including reference proposals, separation of accounts for specific activities in connection with access and/or interconnection, price control and cost accounting and financial report.
The adoption of these measures was preceded by the applicable consultation procedures, following the deliberation of March 17th 2005 that approved the preliminary decision on this matter. The corresponding report has also been approved. It analyzes the comments received from the following entities: PT Group (Portugal Telecom SGPS, PT Comunicações, PT Prime, PT.COM - Comunicações Interactivas Interactivas and PT Corporate), OniTelecom - Infocomunicações (OniTelecom), Sonaecom SGPS (Novis Telecom, Optimus Telecomunicações and Clixgest), Telemilénio - Telecomunicações, Sociedade Unipessoal (Tele2), Vodafone Portugal - Comunicações Pessoais (Vodafone) and BT Portugal - Telecomunicações, Unipessoal (BT Portugal). The Competition Authority and the European Commission have also given their opinions in the scope of the consultation process.
Notice of this decision will be given, under the applicable legal terms, to the European Commission and the national regulatory authorities (ARN) of the remaining member States.
Consult:
- Market 7 - Minimum set of leased lines https://www.anacom.pt/render.jsp?categoryId=152142
- Market 13 - Wholesale market for leased line terminal segments https://www.anacom.pt/render.jsp?categoryId=152562
- Market 14 - Wholesale market for leased line transit segments https://www.anacom.pt/render.jsp?categoryId=152582
