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ICP-ANACOM concludes that in the market covered by "areas C" there is effective competition in the provision of wholesale services, whereby no operator is able to act independently from other agents of the market. It is therefore expected that there is no incentive for any operator to set prices for wholesale deals at a level significantly higher than the costs incurred in providing the services. In such an event, as has been explained, the alternative operators would seek alternative ways to serve the end user, whereby the operator's decision would be rendered unprofitable. It is therefore appropriate to remove the obligation of price control and cost accounting, which removal constitutes a correct measure in view of the reality of the market.

In this regard, it is also noted that it has been concluded that, as of the approval date of the final decision, there shall not be any ex-ante control of the competitive conditions of the retail offers launched by Grupo PT in this market. Ex-ante assessment will then cease with respect to the possible squeeze of the margins of the alternative operators, taking into account the access conditions at wholesale level and the conditions of retail offers. It is noted that in the decision of 2005 ICP-ANACOM argued "when the OOLs can access points closer to the end user, developing and maximizing the use of their network, with distinct productive factors, the practical application of a "retail-minus" rule may no longer be necessary". Accordingly, the

decision now taken is in line with the arguments put forward on that occasion. As already indicated in this analysis, the obligation of ex-ante control of the competitive conditions of the retails offers launched by PT Group is removed without transition period, namely from the publication date of the final decision on this analysis of markets.

The same may not occur with respect to the remaining specifications of the obligation of price control and cost accounting, including the need to ensure coherence of pricing between different classes of local access, between different options of the "Rede ADSL PT" wholesale

offer or even between the access price of the "Rede ADSL PT" offer and the price of shared access. In these situations, the indicated transition period of 12 months shall apply. At the end of this period PTC shall no longer be bound to comply with the specifications of the obligation of price control and cost accounting since such will not be necessary to ensure that there is no discrimination once the transition period associated with this last requirement terminates.

8.4.4.1. Conclusions

ICP-ANACOM concludes that the removal of the specifications relating to the obligation of price control and cost accounting is appropriate and does not have negative implications for the market. This Authority sets out that the transition period of 12 months should also be applied with respect to this obligation.

Regarding the existence of a transition period during which compliance with these specifications shall be ensured, two situations are identified:

(a) As already mentioned, it is concluded that in "areas C" the obligation of ex-ante control of the competitive conditions of the retail offers of broadband access launched by PT Group shall be removed without the application of any transition period;

(b) The remaining specifications of the obligation, in particular, the coherence of prices between the various classes of local access, between different options of the "Rede ADSL PT" wholesale offer or even between the access price of the "Rede ADSL PT" offer and the price of shared access shall remain in force during the transition period of 12 months.

8.4.5.

Separation of accounts

The obligation of accounting separation was also related to the need to ensure the enforcement of the obligation of non-discrimination and the obligation of price control and cost accounting, including controlling the existence of situations of cross-subsidisation. With the removal of these obligations having already been judged appropriate, it is thereby evident that the removal of the obligation of accounting separation, in view of the conditions prevailing in the market, is appropriate.

The existence of a transition period of 12 months, during which some of the current obligations in the market shall remain in force, including the obligations of non-discrimination and transparency, signifies that, during said transition period, the obligation of accounting separation should continue to apply.

It is noted the obligation of accounting separation is removed only with respect to the market under analysis. Other obligations, imposed by ICP-ANACOM in other areas, notably with respect to cost auditing, are clearly not covered by the present decision.

8.4.5.1. Conclusions

The Authority concludes that the removal of the obligation of accounting separation is appropriate for the market under consideration. However, given the transition period, during which some of the current obligations in the market shall remain in force, said period shall continue to apply to the obligation in question.

8.4.6. Financial Reporting

Considering the removal of the obligations of transparency, non-discrimination, accounting separation and cost accounting and the lack of any company with SMP180 in the market, it is also clear that it is appropriate to remove the obligation of financial reporting.

The transition period of 12 months during which the obligations continue to apply shall be considered for the obligation of financial reporting.

It is noted that, also in this situation, the obligation of financial reporting is removed only with respect to obligations associated with the market under analysis. Other obligations of this type, imposed by ICP-ANACOM in other respects, are obviously not covered by the present decision.

8.4.6.1. Conclusions

It is concluded that it is appropriate to remove the obligation of financial reporting; however the transition period of 12 months shall apply to this obligation.

8.5. Conclusion

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

5-C) market for the supply of wholesale broadband access in "areas C"

Having analysed this market and taking the utmost account of the Guidelines, ICP-ANACOM concludes that no company has SMP in the relevant market and, therefore, that all obligations imposed on Grupo PT shall be removed pursuant to the terms and conditions detailed in the sections above.

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

180 _{In accordance with paragraph 3 of article 71 of law no 5 / 2004, the company with SMP shall provide ICP-ANACOM with} their accounting records including data on revenue from third parties.

Table 36 – Comparison of obligations imposed in 2005 with the obligations to be removed according to the present analysis of the market - supply of wholesale broadband access "areas C"

Market for the supply of wholesale broadband access in "areas C" Decision of 30 _{March 2005 (Draft Decision of June 2008)}Market analysis

Scope of the defined geographic market National Sub-national

Obligations - Areas C Areas NC

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 ✕

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

✕

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" ✕

Submit information with respect to deadlines maximum, average and minimum periods for the delivery and repair of faults and the degree of availability (broken down by type of installation and operator)

✕

Ex-ante control of competitive conditions (1) ✕ (a) ✕ (a)

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

interconnection ✕

Cost accounting system and accounting separation ✕

Price control and cost accounting ✕

Setting coherent prices, especially those of the OLL ✕

Control of prices ("retail-minus") ✕ (a)

Financial reporting ✕

Provision of accounting records (AAS) including data on revenue from third

parties ✕

Present obligation.

✕ Obligation absent following the 1 year transition period during which the PT Group may not apply less favourable conditions of supply and may only withdraw access or worsen conditions of supply with 2 months prior notice.

✕ (a) Obligation absent with immediate effect