SUMMARY NOTIFICATION FORM – MARKET 1 (original and second edition of the Recommendation), MARKETS 3 TO 6 (original Recommendation) and MARKET 19 (outside the scope of the Recommendation)

SECTION 1

Market definition

Please state where applicable:

1.1. The relevant product/service market. Is this market mentioned in the recommendation on relevant markets? /
  • Access to the public telephone network at a fixed location for residential and non-residential customers;
  • Publicly available telephone services provided at a fixed location for residential and non-residential customers (national, international and telephone services for non-geographic numbers).
The market for Access to the public telephone network at a fixed location for residential and non-residential customers is mentioned in the original Recommendation on relevant markets (market 1) as well asin the amended version of the Recommendation (market 1).
The marketsfor Publicly available telephone services provided at a fixed location for residential and non-residential customers (nationaland international) are mentioned in the original Recommendation on relevant markets (markets 3 to 6).
The market for Publicly available telephone services provided at a fixed location for residential and non-residential customers for non-geographic numbersfalls outside the scope of the original Recommendation (market 19).
The first notification to the Commission was completed in December 2004 (cases PT/2004/0053, PT/2004/0054, PT/2004/0055, PT/2004/0056, PT/2004/0057, PT/2004/0058 and PT/2004/0059).
1.2. The relevant geographic market; / The geographic market corresponds to the national territory.
1.3. A brief summary of the opinion of the national competition authority where provided; / The National Competition Authority has agreed with the draft market review and considers that the analysis is consistentwith competition law.
1.4. A brief overview of the results of the public consultation to date on the proposed market definition (e.g. how many comments were received, which respondents agreed with the proposed market definition, which respondents disagreed with it); /
  • Four entities answered the public consultation (threegroups of operators and one consumer association).
Tworespondents(ONI/ CABOVISÃO and GRUPO PT) did not agree with the proposed product market definition, but one of them considers that it has no implication in the outcome of the analysis.
1.5. Where the relevant market is different from those listed in the Recommendation onrelevant markets, a summary of the main reasons justifying the proposed market definition byreference to Section 2 of the Commission guidelines on market analysis and the assessment ofsignificant market power under the Community regulatory framework for electroniccommunications and services[1], and the three main criteria mentioned in recitals 5 to 13 of theRecommendation on relevant markets and Section 2.2 of the accompanying ExplanatoryNote[2]. / The market for Publicly available telephone services provided at a fixed location for residential and non-residential customers for non-geographic numbers falls outside the scope of the original Recommendation (market 19), but it corresponds exactly to the same market that was analysed in the previous market analysis .

SECTION 2

Designation of undertakings with significant market power

Please state where applicable:

2.1. The name of the undertakings designated as having, individually or jointly, significantmarket power.
Where applicable, the name of the undertakings considered no longer to have significantmarket power. /
  • PT GROUP (no longer considered to have significant market power)

2.2.The criteria used to designate an undertaking as having significant market power,individually or jointly, or not. /
  • No barriers to entry (structural and legal/regulatory);
  • Market structure tending towards effective competition (markets shares, price trends and pricing behaviour, potential competition, universal service provision by a different operator);
  • Sufficiency of competition law.

2.3. The name of the main undertakings (competitors) active in the relevant market. / PT Group, ZON Optimus, Vodafone, Cabovisão and ONI.
2.4. The market shares of the undertakings mentioned above and the basis for calculationof market share (e.g. turnover, number of subscribers). / The market shares of the main undertakings for the first quarter of 2014 are the following:
Market 1(original and second edition of the Recommendation): PT Group 55.9%, ZON OPTIMUS [30-40%];
MARKETS 3 and 5 (original Recommendation) PT Group 51.2%, ZON OPTIMUS [30-40%];
MARKETS 4 and 6 (original Recommendation) PT Group 50.4%, ZON OPTIMUS[30-40%];
MARKET 19 (outside the scope of the Recommendation) PT Group 38.8%, ZON OPTIMUS[40-50%].

Please provide a brief summary of:

2.5. The opinion of the national competition, authority where provided. / The National Competition Authority agreeswith ICP’ANACOM’s analysis, emphasising the importance of maintaining the obligations of selection, pre-selection and WLR in the framework of the wholesale market for call origination on the public telephone network provided at a fixed location.
2.6. The results of the public consultation to date on the proposed designation(s) asundertakings having significant market power (e.g. total number of comments received,numbers agreeing/disagreeing). /
  • Four entities answered the public consultation (three groups of operators and one consumer association).
All but one respondent (ONI and CABOVISÃO) agreed, in general terms, with the market assessment and its conclusions. All operators except for the PT GROUP stressed the importance of maintaining the obligations of selection, pre-selection and WLR.

SECTION 3

Regulatory obligations

Please state where applicable:

3.1. The legal basis for the obligations to be imposed, maintained, amended or withdrawn
(Articles 9 to 13 of Directive 2002/19/EC). / Articles 8 of Directive 2002/19/EC.
3.2. The reasons for which the imposition, maintenance or amendment of obligations onundertakings is considered proportional and justified in the light of the objectives laid down in
Article 8 of Directive 2002/21/EC. Alternatively, indicate the paragraphs, sections or pages ofthe draft measure where such information is to be found. / Not applicable.
3.3. Where the remedies proposed are other than those set out in Articles 9 to 13 ofDirective 2002/19/EC, please indicate what "exceptional circumstances" within the meaningof Article 8 (3) of that directive justify the imposition of such remedies. Alternatively,indicate the paragraphs, sections or pages of the draft measure where such information is to befound. / Not applicable.

SECTION 4

Compliance with international obligations

In relation to the third indent of the first subparagraph of Article 8(3) of Directive 2002/19/EC (Access Directive), pleasestate where applicable:

4.1. Whether the proposed draft measure intends to impose, amend or withdraw obligationson market players as provided for in Article 8(5) of Directive 2002/19/EC. / Not applicable.
4.2. The name of the undertakings concerned. / Not applicable.
4.3. What international commitments entered into by the Community and the MemberStates are to be met. / Not applicable.

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[1] OJ C 165, 11.7.2002, p. 6.

[2] Explanatory Note accompanying the Commission Recommendation of 17.12.2007 on Relevant Product and Service Markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communication networks and services, C (2007)5406 published at