SUMMARY NOTIFICATION FORM – MARKET 1

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? /
  • Call termination in individual public telephone networks at a fixed location
The market is mentioned in the 2014/710/EC Recommendation on relevant markets – market 1.
The first and previous notification to the Commission was completed in December 2004 (PT/2004/0061). In 2013, ANACOM made a notification regarding this market (PT/2013/1491) which withdrew on 14.08.2013.
In 2013, and following a request from the EC, ANACOM approved an urgent and transitory decision in this regard and imposed new FTR on SMP operators based on a benchmark of pure LRIC prices.
1.2. The relevant geographic market; / The geographic market corresponds to the geographic area covered by each individual network.
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 the 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); /
  • Eight entities answered the public consultation (five answers in name of eight entities).
All respondents agree, in general terms, with the proposed product market definition.
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]. / Not applicable.

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. /
  • AR TELECOM – Acessos e Redes de Telecomunicações, S.A.;
  • CABOVISÃO – Sociedade de Televisão por Cabo, S.A.;
  • Compatel, Limited;
  • COLT TECHNOLOGY SERVICES – Unipessoal, Lda;
  • Dialoga – ServíciosInteractivos, S.A.;
  • G9SA – Telecom, S.A.;
  • IP Telecom, Serviços de Telecomunicações, S.A.
  • MEO – Serviços de Comunicações e Multimédia, S.A.
  • NOS Açores Comunicações S.A.;
  • NOS Comunicações, S.A.
  • NOS Madeira Comunicações, S.A.
  • ONITELECOM – Infocomunicações, S.A.;
  • ORANGE BUSINESS PORTUGAL, S.A.;
  • OVHHOSTING – Sistemas Informáticos Unipessoal, Lda;
  • VODAFONE PORTUGAL – Comunicações Pessoais, S.A.;
  • VOIP-IT, Lda;
  • VOIPUNIFY TELECOM, Lda;
  • VOXBONE, S.A..

2.2.The criteria used to designate an undertaking as having significant market power,individually or jointly, or not. /
  • Markets shares;
  • Price trends and pricing behaviour;
  • Barriers to entry;
  • Countervailing buyer power.

2.3. The name of the main undertakings (competitors) active in the relevant market. / Not applicable.
2.4. The market shares of the undertakings mentioned above and the basis for calculationof market share (e.g. turnover, number of subscribers). / All operators have 100% of market share.

Please provide a brief summary of:

2.5. The opinion of the national competition, authority where provided. / The National Competition Authority agrees with the SMP market analysis.
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). /
  • Eight entities answered the public consultation (five answers in name of eight entities).
The majority of respondents did not make specific comments in this regard with the exception MEO,which does not agree with the conclusions regarding its unique position in the related markets.

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 9 to 13 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. / PleaseseeSection 5 ofthe“Projeto de Decisão – MERCADO GROSSISTA DE TERMINAÇÃO DE CHAMADAS NA REDE TELEFÓNICA PÚBLICA NUM LOCAL FIXO – Definição do mercado relevante, avaliação de PMS e imposição, manutenção, alteração ou supressão de obrigações regulamentares”and
Projeto de Decisão MERCADOS GROSSISTAS DE TERMINAÇÃO DE CHAMADAS NA REDE TELEFÓNICA PÚBLICA NUM LOCAL FIXO – Modelode Custeio de Terminação Fixo
These draft decisions foresee the following:
•FTR applied in accordance with the results of the pure LRIC model developed for the Portuguese market
•Maximum FTR imposed in accordance with EC Recommendation on Termination (0,0644 euro cents per minute);
•The price control obligation does not cover calloriginating from countries outside the EEE;
•The obligation to respond to reasonable requests for access is applied to TDM interconnection as well as to IP interconnection;
•Withdraw of accounting separation and cost accounting obligation which was previously imposed to MEO.
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