ANACOM launches today, for a 30-working-day period, a public consultation concerning the wholesale market for broadcasting transmission services, to deliver broadcast content to end users (market 18 of Commission Recommendation 2003/311/EC of 11 February 2003), which comprises the definition of product market and geographic market, assessment of significant market power (SMP) and imposition, maintenance, alteration or suppression of regulatory obligations.
For the purpose of an ex ante regulation, the defined relevant market is the wholesale market for broadcasting transmission services over terrestrial analogue networks, and the companies of the PT Group operating therein (at present, PT Comunicações) were identified as entities holding significant market power (SMP).
As there is no effective competition in this market, companies holding SMP must comply with the following obligations: access to, and use of, specific network facilities; transparency of published information; non-discrimination, in relation to interconnection and/or access provision and respective information provision; accounting separation in relation to specified activities related to interconnection and/or access; price control and cost accounting obligations; and financial reporting requirements.
The document under consultation, which represents ANACOM’s draft decision, was approved by determination of 11 January 2007, and has been submitted to the opinion of the Autoridade da Concorrência (Competition Authority), entity which did not oppose the definition of product market and geographic market, nor the assessment of significant market power, deeming the review to be generally consistent with competition law methods.
This draft decision has been also submitted to the prior hearing of interested parties, pursuant to articles 100 and 101 of the Code of Administrative Procedure.
A 30 working day period has been set to submit comments, in writing, both in the scope of the general consultation procedure and the prior hearing. Therefore the deadline for receiving comments is 11 April 2007. These comments should be preferably sent by e-mail to the e-mail address mercado_18@anacom.pt. Once the consultation procedure is concluded, the proposals received will be released on this website and, thus, interested parties should clearly identify any content regarded as confidential.
Consult:
- Consultation procedure https://www.anacom.pt/render.jsp?categoryId=247193
Related information on ANACOM's website:
- Market 18 - Broadcasting services for the delivery of content transmitted to final users https://www.anacom.pt/render.jsp?categoryId=153862
