Recomendaciones

For the purposes of ex-ante regulation and in accordance with the principles of competition law, the following wholesale market has been identified:

5-NC) Market for the supply of wholesale broadband access in "areas NC"

Having analysed this market and taking the utmost account of the Guidelines, ICP-ANACOM concludes that Grupo PT has SMP in the identified relevant market and consequently that the obligations set out in Error! Not a valid bookmark self-reference. should be imposed (all the obligations have basis in article 66 of Law no 5/2004, in view of the fact that there is no effective competition in this market).

Table 33 – Obligations to be imposed on companies identified as having SMP in the relevant market

Obligations Market for the wholesale supply of broadband access in “areas NC”

Access to and use of specific resources networks

Access to the PSTN at different points

Negotiate in good faith with companies requesting access Not withdraw access already granted to determined resources Provide access to the naked digital subscriber line wholesale offer ("Naked DSL").

Transparency in the publication of information, including reference offers

Publication of the broadband access reference offer ("Rede ADSL PT"), with clear identification of amendments enacted between versions, with inclusion of SLAs and compensation for non-compliance

Submit information in respect of the maximum and average delivery time, time taken to repair faults and degree of availability (disaggregated by installation type and operator) Disaggregate the information submitted according to the different modalities of the "Rede ADSL PT" offer - IP, ATM, and “Naked DSL".

Non-discrimination in the provision of access and interconnection and in the provision of the respective information

Do not unduly discriminate in providing access to network 30 days notice of alterations to wholesale offers -extended to a period of 2 months in the event of significant alterations to wholesale offers

Launch of retail offers retailers on the condition of the existence of equivalent wholesale offers in "Rede ADSL PT".

Separation of accounts for specific activities related to access and / or

interconnection System costing and accounting separation.

Price control and cost accounting

Control of prices ( "retail-minus");

Where necessary and appropriate to ensure price consistency which encourage competition and efficient investment;

Control of the pricing of the "Naked DSL" wholesale offer, based on the principle of costs orientation of prices.

Financial Reporting Provision of accounting records (AAS) including data on

revenue from third parties

ICP-ANACOM considers that the established obligations may require further detail, specification or clarification in respect of their implementation, which will be provided in separate documents.

Error! Not a valid bookmark self-reference. sets out a comparison between the obligations imposed in the analysis conducted in 2005 and the present analysis.

Table 34 – Comparison of obligations imposed in 2005 with the obligations set out in the present analysis of the market - Market for the supply of wholesale broadband access in "areas NC"

Market for the supply of wholesale broadband access in "areas NC" Decision of 30 _{March 2005}

Market analysis (Draft Decision of June

2008)

Scope of defined geographic market National Sub-national

Obligations

Access to and use of specific network resources Access to the PSTN at different points

Negotiate in good faith with companies requesting access Not withdraw access already granted to determined resources

Provide access to the naked digital subscriber line wholesale offer

("Naked DSL"). (a)

Transparency in the publication of information, including reference offers Publication of the broadband access reference offer ("Rede ADSL PT"),

with clear identification of amendments enacted between versions, with inclusion of SLAs and compensation for non-compliance

Submit information in respect of the maximum and average delivery time, time taken to repair faults and degree of availability (disaggregated by installation type and operator)

Disaggregate the information submitted according to the different modalities of the "Rede ADSL PT" offer - IP, ATM, and “Naked DSL". Provision and publication of indicators and performance levels in respect

of quality of service in wholesaler offers

Non-discrimination in the provision of access and interconnection and in the provision of respective information

Do not unduly discriminate in providing access to network

30 days notice of alterations to wholesale offers -extended to a period of 2 months in the event of significant alterations to wholesale offers Launch of retail offers bound by the existence equivalent wholesale offers

in "Rede ADSL PT"

Separation of accounts for specific activities related to access and / or interconnection

Cost accounting system and accounting separation Price control and cost accounting

Setting prices oriented to cost (broadband access services supported over the PSTN)

Control of prices ("retail-minus")

If necessary and appropriate to ensure the existence of coherent prices which encourage competition and efficient investment

Control of the pricing of the "Naked DSL" wholesale offer, based on the principle of costs orientation of prices.

Financial reporting

third parties

- Appropriate Obligation

(a) The PTC currently provides an NDSL offer following a recommendation from ICP-ANACOM.

8.4. Removal of obligations in the market for the supply of wholesale broadband