Markets 4 and 5 - draft decision notified to EC

By determination of 4 December 2008, ANACOM approved the report of the consultation of interested parties and 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 Commission Recommendation 2007/879/EC of 17 December 2007) and wholesale broadband access (market 5 of said Recommendation).

This measure was taken following the prior hearing of interested parties, as well as the general consultation procedure on the corresponding draft decision, approved by determination of 26 June 2008, in the scope of which the following entities submitted their comments: APRITEL, BT Portugal, Government of the Autonomous Region of Madeira, PT Group (Portugal Telecom SGPS, PT Comunicações, PT Prime, TMN and PT Acessos de Internet Wi-Fi), SGC AR Telecom Group (AR Telecom and WTS), OniTelecom Infocomunicações, RTP, SemCabo, Sonaecom, Vodafone Portugal, ZON TV Cabo Portugal. The opinion of Autoridade da Concorrência (the Competition Authority) was also received, having provided its opinion on the subject under article 61 of Law no. 5/2004 of 10 February.

ANACOM approved on the same date a notification to the European Commission and to the national regulatory authorities (NRA) of other Member States, pursuant to paragraph 1 of article 57 of the above-mentioned Law no. 5/2004, as well as the summary notification form prepared under Annex 1 of Commission Recommendation 2003/561/EC of 23 July 2003.

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