On 23 March 2017, ANACOM approved the final decision on the analysis of the markets for wholesale local access provided at a fixed location (market 3a) and for wholesale central access at a fixed location for mass-market products (market 3b). The decision includes definition of product and geographic markets, assessments of significant market power (SMP) and imposition, maintenance, amendment or withdrawal of regulatory obligations.
In this analysis, ANACOM identified the following as relevant markets for the purposes of ex ante regulation: the market for wholesale local access provided at a fixed location throughout the national territory and the market for wholesale central access at a fixed location for mass-market products in non-competitive areas (areas NC).
Following its analysis of these markets, and taking into account the national and EU regulatory framework governing the analysis and evaluation of SMP for electronic communications networks and services, ANACOM concluded that MEO - Serviços de Comunicações e Multimédia (MEO) has SMP in both markets; as such, ANACOM imposed obligations in terms of network access and the use of specific network resources, non-discrimination, transparency, accounting separation and price control and cost accounting and financial reporting. ANACOM also concluded that the market for wholesale central access at a fixed location for mass-market products is not eligible for ex ante regulation in competitive areas (areas C).
On the same date, ANACOM approved a final decision regarding its appraisal of the European Commission's Recommendation of 29 November 2016 concerning cases PT/2016/1888 and PT/2016/1889, referring to the analysis of markets 3a and 3b. In its decision, ANACOM presents reasoned justification for not amending and not withdrawing the draft decision approved by ANACOM on 30 June 2016https://www.anacom.pt/render.jsp?contentId=1390432, as notified to the European Commission on 1 July 2016.
After a re-appraisal, taking into account the data and reasoning which is set out in the decision document and which demonstrates the particularities of the national broadband market versus other European markets, ANACOM maintains its position, not accepting the European Commission's Recommendation.
Furthermore, in order to comply with the regulatory principles enshrined in the Access Directive and Framework Directive, as transposed into national law, and with the obligations incumbent on ANACOM in this area, in particular obligations to ensure compliance with the principle of proportionality, ANACOM does not see fit to accept the European Commission's recommendation to impose access obligations in relation to the optical fibre network of MEO, either in the non-competitive areas in general or in the predominantly rural parishes of non-competitive areas.
ANACOM has also approved the report on the prior hearing and the public consultation to which the respective draft decision was submitted (draft decision of 22 December 2016https://www.anacom.pt/render.jsp?contentId=1401979).
ANACOM also approved notification of both final decisions to the European Commission.
Consult:
- Analysis of markets 3a and 3b and Commission's Recommendation on this analysis https://www.anacom.pt/render.jsp?contentId=1408076
- Consultation on the review of the analysis of the wholesale local access market at a fixed location and wholesale central access at a fixed location for mass-market products https://www.anacom.pt/render.jsp?contentId=1379381
