NOTIFICATION OF DRAFT MEASURES UNDER ARTICLE 57 OF LAW NUMBER 5/2004, OF FEBRUARY 10th
(CONSISTENT WITH ARTICLE 7, NUMBER 3 OF DIRECTIVE 2002/21/EC)
1. On January 14th, 2010, ICP-ANACOM’s Board of Directors approved the draft measures concerning the relevant product and geographic market definitions, significant market power (SMP) assessment and definition of regulatory obligations on Voice Call Termination on Individual Mobile Markets and the Price Control Obligation imposed on those markets.
2. On the same date, it was approved the request for the opinion of the National Competition Authority – Autoridade da Concorrência (AdC) –, according to article 61 of the Law number 5/2004, of February 10th, article 8 of ICP-ANACOM statutes, annexes to Decree-Law number 309/2001, of December 7th, and article 9 of the AdC statutes, annexes to Decree-Law number 10/2003, of January 18th.
3. In its answer, issued on February, 26th, 2010, the National Competition Authority stated its general agreement with both draft decisions, having no objections to the relevant product and geographic markets definition and to the SMP assessment performed, and being favourable to a significant reduction of the mobile termination prices.
4. ICP-ANACOM’s Board of Directors approved on the same date the launch of a public consultation and the prior hearing of interested parties before final decision.
5. These procedures took place between January 20th and March 3rd 2010.
6. By decision of March 10th ICP-ANACOM’s Board of Directors approved, in accordance with number 1 of article 57 of Law number 5/2004, of February 10th, and also in accordance with number 3 of ANACOM consultation procedures, approved by decision of February 12th, 2004, and within the context of number 3 of article 7 of Directive 2002/21/EC, of the European Parliament and of the Council, of March 7th, the launch of the specific consultation procedure making the draft measures available to the European Commission and to the national regulatory authorities in other Member States, together with the reasoning on which the measures are based.
7. Additionally, ICP-ANACOM’s Board of Directors also approved the submission to the European Commission of the answers received within the procedures of public consultation and the prior hearing of interested parties, which are confidential, as well as a short summary of those answers.
8. As required by the Commission Recommendation 2008/850/CE, of October 15th, regarding notifications, time limits and consultations previewed in article 7 of the Directive 2002/21/EC, of the European Parliament and of the Council, of March 7th, the main document is accompanied by a summary notification, which was drafted in accordance with the Annex 1 of that Recommendation.
Please refer to the following documents:
a. “Summary Notification Form – Market 7 – Voice Call Termination in Mobile Networks” [Summary Notification Form – Market 7.docx]
b. “Sentido provável de decisão - Mercados Grossistas de Terminação de Chamadas Vocais em Redes Móveis Individuais – Definição dos mercados do produto e mercados geográficos, avaliações de PMS e imposição, manutenção, alteração ou supressão de obrigações regulamentares” [Mercado 7 - versão confidencial.pdf] and [Mercado 7 - versão pública.docx];
c. “Sentido provável de decisão - Obrigação de Controlo de Preços – Mercados grossistas de terminação de chamadas vocais em redes móveis individuais [Mercado 7 – Obrigação Controlo Preços - versão confidencial.docx] e [Mercado 7 – Obrigação Controlo Preços - versão pública.docx];
d. Summary of the answers received within the procedures of public consultation and the prior hearing of interested parties [Síntese comentários.docx];
e. Opinion of Autoridade da Concorrência (confidential) [Parecer AdC.pdf]
f. Comments of interested parties (confidential versions):
i. AR TELECOM [AR TELECOM.pdf]
ii. DIRECÇÃO-GERAL DO CONSUMIDOR [DGC.pdf]
iii. EUROCARD – Comercialização e Distribuição de Brindes e Cartões Telefónicos, Lda [EUROCARD.pdf]
iv. FENACOOP – Federação Nacional das Cooperativas de Consumidores, FCRL [FENACOOP.pdf]
v. GRUPO PORTUGAL TELECOM [GRUPO PT.pdf]
vi. ONITELECOM Infocomunicações, S.A. [ONITELECOM.pdf]
vii. RADIO E TELEVISÃO DE PORTUGAL, S.A. [RTP.pdf]
viii. RADIOMÓVEL Telecomunicações S.A. [RADIOMÓVEL.pdf]
ix. SONAECOM – Serviços de Comunicações S.A. [SONAECOM.pdf]
x. UGC – União Geral dos Consumidores [UGC.pdf]
xi. VODAFONE PORTUGAL – Comunicações Pessoais, S.A. [VODAFONE.pdf]
xii. ZON TV Cabo Portugal S.A. [ZON.pdf]
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