ANACOM has given approval to the draft decision on the definition of the product and geographic markets, assessment of significant market power (SMP) and the imposition, maintenance, alteration or suppression of regulatory obligations with respect to the markets for wholesale (physical) network infrastructure access at a fixed location (market 4 of Recommendation of the Commission 2007/879/EC of 17 December 2007) and wholesale broadband access (market 5 of said Recommendation).
This draft decision was submitted to the general consultation procedure, whereby interested parties have a period of 30 working days - terminating on 11 August - to send their comments to ANACOM, in writing to the head office of this Authority or by email to email@example.com. In the publication of the results, comments which are expressly considered by respondents as being confidential will be withheld.
Under the terms of the Electronic Communications Law (Law no. 5/2004 of 10 February), ANACOM is charged with defining and analysing relevant markets, declaring companies with SMP and determining suitable measures to companies which provide electronic communications networks and services. The last analyses of the markets for wholesale network infrastructure access at a fixed location and broadband access (markets 4 and 5 of Recommendation of the Commission 2007/879/EC of 17 December 2007) took place in 2005, in respect of which it was concluded that Grupo PT held SMP in these markets.
In the meantime several changes have occurred with relevant impact on these markets, particularly the separation of ZON Multimédia from Portugal Telecom on 7 November 2007.
Meanwhile, on 17 December 2007, the European Commission published Recommendation 2007/879/EC on relevant markets, replacing Recommendation 2003/311/EC.
In view of the alterations occurring in the market and the revision of the Recommendation, it is an opportune moment to review the markets for wholesale unbundled access and wholesale broadband access, which review is the object of the draft decision now submitted for consultation.
This draft decision was further submitted to the prior hearing of interested parties and for the opinion of Autoridade da Concorrência (the Competition Authority), as set out by law. Notification to the European Commission and to the national regulatory authorities (NRA) of the other Member States will be made once the final decision is approved.
Markets for wholesale (physical) network infrastructure access at a fixed location and wholesale broadband access - consultation launched on 30.6.2008, comments until 11.8.2008https://www.anacom.pt/render.jsp?contentId=611898