Report on the outcome of the BEREC electronic voting procedure for the adoption of BEREC Opinion on Article 7a Phase II Cases PT/2016/1888-1889

Document number: BoR (16) 152

Document date: 08-09-2016

Date of registration: 08-09-2016

Document type:
E-voting procedures
Author: BEREC Chair

On 1 July 2016, the Commission registered a notification by the Portuguese Regulatory Authority, Autoridade Nacional de Comunicações (ANACOM), concerning the markets for wholesale local access (market 3a - WLA, case PT/2016/1888) and wholesale central access (market 3b - WCA, case PT/2016/1889) in Portugal.

On 29 July 2016, the Commission sent a serious doubts letter opening a phase II investigation pursuant to Article 7a of Directive 2002/21/EC as amended by Directive 2009/140/EC. The Commission’s doubts concern failure to impose regulatory remedies with regard to fibre networks on either local or central access markets in Portugal.

In accordance with the BEREC rules of procedure, the Expert Working Group (EWG) was established immediately after that date with the mandate to prepare an independent BEREC opinion on the justification of the Commission’s serious doubts on the case. On 5 August 2016 the EWG sent a first list of questions to ANACOM. Answers were received from ANACOM on 9 August 2016.

The current document is a part of internal decision making process and is not available to public.

This current document is a part of internal decision making process and is not available to public.