On 30 June 2016, ANACOM approved the draft final decision for notification to the European Commission (EC), the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities (NRAs) of the other Member States of the European Union, concerning the definition of the market of high-quality electronic communications at a fixed location (access and trunk segments), assessment of significant market power (SMP) and the imposition, maintenance, amendment or withdrawal of regulatory obligations (market 4 of Recommendation 2014/710/EU and market 14 of Recommendation 2003/311/EC).
The following wholesale markets were identified as relevant for the purposes of ex-ante regulation in accordance with the principles of competition law:
- high-quality access with speeds not exceeding 24 Mbps and covering Areas NC;
- high-quality access with speeds exceeding 24 Mbps and covering Areas NC;
- trunk segments, without distinction of speed, comprising Routes NC (not including mainland circuits, Azores and Madeira (CAM) and inter-island circuits, and circuits for access to international submarine cables);
- trunk segments, without distinction of speed, comprising CAM and inter-island circuits;
- trunk segments without distinction of speed, comprising circuits for access to international submarine cables anchored to the submarine cable stations of MEO - Serviços de Comunicações e Multimédia (MEO) in Carcavelos and Sesimbra.
It was concluded that MEO has SMP in the identified relevant markets and therefore that obligations should be imposed as follows: obligations of network access and as regards use of specific network resources, non-discrimination, transparency, accounting separation and price control, and cost accounting and financial reporting.
It was also concluded that the wholesale markets for high-quality access in Areas C (low-speed and high-speed access) are not susceptible to ex-ante regulation. Accordingly, in these areas, the obligations in force subsequent to the previous analysis of the leased lines terminating segments market will be withdrawn after a transition period of 12 months commencing on the date on which the final decision on the market analysis is given approval.
During the transition period, MEO may not worsen the conditions of the Leased Lines Reference Offer (LLRO) and Reference Ethernet Leased Lines Offer (RELLO) and must maintain the current conditions. On new Routes C, the previously imposed obligations will be withdrawn after a transitional period of 6 months from the date of approval of the final decision on this market analysis.
Approval was also given to the report of the prior hearing and consultation to which the respective draft decision was submitted (draft decisionhttps://www.anacom.pt/render.jsp?contentId=1381324 of 10 March 2016).
Consult:
- Analysis of the market of high-quality electronic communications at a fixed location - (access and trunk segments) - notification to the European Commission https://www.anacom.pt/render.jsp?contentId=1390427
- Consultation on analysis of the market of high-quality electronic communications at a fixed location (business segment) https://www.anacom.pt/render.jsp?contentId=1381330
