Taking into account that, in the recent past, two events have made it necessary to review the definition and the assessment of the electronic communications market, as well as the respective regulatory means of control:
- The structural separation between PT Multimédia (PTM, now ZON Multimédia) and Portugal Telecom (PT), as a result of PTM’s spin-off;
- The approval by the European Commission of Recommendation 2007/879/EC of 17 December, on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation;
ANACOM has approved the reasoning in regard to ZON Multimédia’s spin-off and its impact on market assessments and obligations arising therefrom.
In its reasoning, ANACOM clarifies that, as a spin-off, ZON is no longer a part of the PT Group, and thus obligations arising from market assessments carried out in the scope of Title IV of Chapter II of the Electronic Communications Law (ECL) which fall upon that Group, do not apply thereto.
Obligations in force shall continue to apply to companies within the PT Group, under the new above-mentioned Recommendation of the European Commission, until the respective markets are reassessed.
ANACOM is aware of the spin-off’s relevant impact on markets 11 and 12, defined by the previous Recommendation, which the new Recommendation now calls markets 4 and 5, and is thus giving priority to the respective assessments. The Authority is preparing a document which shall launch the corresponding consultation procedure by mid May.
In addition, ANACOM will finalise in April the assessment of means to implement obligations which fall upon the PT Group is the scope of market 12, within the limits defined in the obligations imposed in the scope of the referred assessment, which shall be later subject to a consultation procedure which this Authority must comply with pursuant to the ECL.
Consult:
- ANACOM's reasoning in regard to ZON Multimédia's spin-off and to the impact on market assessments - determination of 3.4.2008 https://www.anacom.pt/render.jsp?categoryId=273442
