Public consultation on market 4


By determination of 19 December 2014, ANACOM has approved a draft decision on the wholesale market for high-quality access at a fixed location (wholesale leased lines), on the assessment of significant market power (SMP) in this market and on the imposition, maintenance, amendment or withdrawal of regulatory obligations.
In accordance with the principles of competition law and for the purposes of ex-ante regulation, the following wholesale markets were identified as relevant:

  • leased line terminating segments with capacity less than or equal to 2 Mbps, irrespective of technology and comprising the entire national territory;
  • leased line terminating segments with capacity exceeding 2 Mbps, irrespective of technology and comprising non-competitive areas (areas NC);
  • trunk segments, irrespective of capacity or of technology, comprising non-competitive routes (routes NC), with the exception of CAM and backhaul circuits;
  • trunk segments, irrespective of capacity or of technology, comprising CAM and backhaul circuits.

ANACOM concludes that:

  • Grupo PT holds SMP in the relevant markets identified above and, as a consequence thereof, that  ex-ante obligations are to be imposed as specified in the present draft decision;
  • the wholesale market for high-speed trunk segments in areas C is not susceptible to ex-ante regulation; as such obligations imposed under the previous market analysis will be withdrawn following a transition period of twelve months subsequent to approval of the final decision with respect to the present market analysis;
  • the wholesale market for high-speed trunk segments consisting of routes C (with the exception of CAM and backhaul circuits) is not susceptible to ex-ante regulation; as such obligations imposed under the previous market analysis will be withdrawn following a transition period of six months subsequent to approval of the final decision with respect to the present market analysis;

The draft decision also covers various aspects of relevance to the market and related to the obligations imposed on Grupo PT, such as the regulation of backhaul and CAM circuit pricing and the conditions governing access to submarine cable stations.

This draft decision was submitted to the prior hearing of interested parties, and also to the general consultation procedure.  In both cases, a period of 30 working days has been provided, whereby comments must be received no later than 4 February 2015 – sent by email to mercado4@anacom.ptmailto:mercado4@anacom.pt1.

Once the consultation procedure has concluded, the responses received will be published. Therefore, for the purposes of publication on this website, respondents should also send a non-confidential version of their comments with any confidential information removed.

Notes
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1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.


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