ANACOM has approved the methodology by which it will set the consideration to be paid to electronic communications companies for access to and use of infrastructures suited to accommodate electronic communications networks. This will result in the maximum (cost-oriented) price that the owners or managers of these infrastructure will be able to charge. They may charge lower prices if they see fit. In the awareness of the growing relevance of suitable infrastructures in the electronic communications sector, the aim is to facilitate and encourage the installation of high-output electronic communications networks by using existing infrastructures. This is expected to result in: (i) more efficient use, with repercussions on costs; (ii) lower context costs for the Portuguese economy; and (iii) more transparent use of these infrastructures.
When preparing this methodology, ANACOM took account of the fact that it is intended for different types of entity. As a result, it sought to weigh the impact that it would have on investment incentives, competition and the economic and financial sustainability of the managers and owners of these types of infrastructure. ANACOM believes that this methodology constitutes a more proportional, appropriate, non-discriminatory solution and also ensures the principle of non-cross-subsidisation between sectors, thereby preventing significantly different prices from being set for similar services.
This methodology includes draft regulations that will be the subject of a public consultation until 26 February. Its preparation entailed assessing, weighing and considering its benefits and ANACOM hopes that the standardisation of the methodology will contribute to greater transparency and fairness in access to infrastructures owned by different entities and to speedier, more effective action by ANACOM, especially when it is asked to assess the appropriateness of the consideration requested.
Even though Decree-Law 123/2009 provides that, in the particular case of infrastructures owned or managed by local authorities, the methodology to be used when setting the consideration to be paid for access to and use of suitable infrastructures and their remuneration is be defined by these authorities, there is nothing to prevent local authorities from adopting the ANACOM-approved methodology if they wish.
It should be noted that, pursuant to the above decree-law, the right to open, non-discriminatory access by telecommunications operators to infrastructures suited to accommodate electronic communications networks is intended to facilitate and encourage the installation of high-output electronic communications networks using existing infrastructures.
A rule on open, non-discriminatory access to suitable infrastructures belonging to entities that, regardless of the sector in which they operate, own or manage highly important infrastructures has thus been established. This means that there is right of access to suitable infrastructures that are owned or managed:
by the state, autonomous regions or local authorities;
by all entities under the supervision of bodies belonging to the state, autonomous regions or local authorities that exercise administrative functions, whether or not they are of an entrepreneurial nature, and by state-owned companies and concessionaires, such as those operating infrastructures in the area of roads, railways, ports, airports, water supply, sanitation and transmission and distribution of gas and electricity;
by other entities that own or operate infrastructures falling under the public control of the state, autonomous regions and local authorities;
by electronic communications companies and entities that own or operate suitable infrastructures used by these companies in the pursuit of their business activity;
by entities that provide services for the production, transmission or distribution of gas, electricity, including street lighting, heating and water, including disposal or treatment of wastewater, drains and drainage systems and that own or operate infrastructures suited to accommodate electronic communications networks and do not fall within any of the previous categories; and
by entities that provide transport services, including railways, roads, ports and airports and own or operate infrastructures suited to accommodate electronic communications networks and do not fall within any of the previous categories.
Stakeholders may submit any contributions or suggestions for consideration under the current draft regulation. These should be sent to ANACOM, in writing and in Portuguese, no later than 26 February 2020 by email to email@example.com:firstname.lastname@example.org
- Consultation on the draft regulation on the methodology to set remuneration for access to and use of infrastructure https://www.anacom.pt/render.jsp?contentId=1500041