Market 18 - broadcasting services for the delivery of content transmitted to final users


ANACOM has given approval, by determination of 27 June 2007, to the draft decision on the product and geographic markets, evaluations of significant market power (SMP) and the imposition, maintenance, amendment or suppression of regulatory obligations in the wholesale market of broadcasting services for the delivery of content transmitted to final users (market 18 of the Recommendation of the Commission 2003/311/EC of 11 February 2003).
 
Following the analysis that has been carried out, ANACOM identified as relevant for the purposes of ex-ante regulation the wholesale supply market of television broadcasting services through terrestrial analogue networks, which encompasses the whole national territory.
 
It was further concluded that, in view of its market share, the size of the market leader and its degree of concentration, the existence of expansion barriers, the lack of indices that prove the existence of effective competition between companies (prices and other variables) and the lack of potential competition, the company of Grupo PT which is operating therein, PT Comunicações (PTC) holds SMP in this market and as such obligations should be imposed upon it.
 
Among such obligations are those in respect of the access to and use of specific network resources, transparency in the publication of information, of non-discrimination in the access and interconnection offer and in the disclosure of respective information, the separation of accounts in respect of specific activities related to access and/or interconnection, price control and cost accounting and financial reports.
 
Likewise, approval was given to the report on the public consultation on the draft of this decision, as adopted by determination of 22 February 2007. This report analyses the contribution received from the following undertakings: SIC, TV Cabo, PT Comunicações and Grupo Media Capital.
 
The measures now adopted, which includes a draft decision with grounds, will be of the object of notification, under the applicable legal terms, to the European Commission and national regulatory authorities (NRAs) of the other Member States.


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