97/310/EC: Commission Decision of 12 February 1997 concerning the granting of additional implementation periods to Portugal for the implementation of Commission Directives 90/388/EEC and 96/2/EC as regards full competition in the telecommunications markets (Only the Portuguese text is authentic) (Text with EEA relevance)

• Articles: 5

Article 1

Portugal may postpone until 1 January 1999 the lifting of restrictions on the direct interconnection of mobile telecommunications networks with foreign networks. It must notify to the Commission before that date the legislative measures adopted in order to implement Article 3 (d) of Directive 90/388/EEC.

Article 2

Portugal may not postpone the lifting of restrictions on operators of mobile and personal communications systems, pursuant to Article 3 (c) of Directive 90/388/EEC, with regard to:

(a) the establishment of their own infrastructure;

(b) the use of infrastructures provided by third parties; and

(c) the sharing of infrastructure, other facilities and sites.

The Portuguese authorities shall inform the Commission of all authorizations granted and frequency allocated - upon request - to mobile operators wishing to establish their own infrastructure and to owners of other telecommunications infrastructure wanting to lease capacity to mobile operators.

Article 3

Portugal may postpone until 1 January 2000 the abolition of the exclusive rights currently granted to Portugal Telecom as regards the provision of voice-telephony and the establishment and provision of public telecommunications networks, provided that the following conditions are implemented according to the timetable laid down hereafter:

- no later than 1 July 1997 instead of 1 July 1996: notification to the Commission of all measures necessary to lift restrictions on the provision of already liberalized telecommunications services on:

(a) networks established by the provider of the telecommunications service;

(b) infrastructures provided by third parties; and

(c) the sharing of networks, other facilities and sites,

- no later than 12 November 1997 instead of 11 January 1997: notification to the Commission of legislative changes necessary to implement full competition by 1 January 2000, including proposals for the funding of universal services,

- no later than 1 January 1999 instead of 1 January 1997: notification to the Commission of draft licences for voice-telephony and/or underlying network providers,

- no later than 1 July 1999 instead of 1 July 1997: publication of licensing conditions for all services and of interconnection charges as appropriate in accordance in both cases with relevant EU directives,

- no later than 1 January 2000 instead of 1 January 1998: award of licences and amendment of existing licences to permit the competitive provision of voice-telephony.

Article 4

Portugal may postpone until 1 July 1997 the lifting of restrictions on the provision of already liberalized telecommunications services on:

(a) networks established by the provider of the telecommunications service;

(b) infrastructures provided by third parties; and

(c) the sharing of networks, other facilities and sites.

Portugal shall notify to the Commission, no later than 1 July 1997 instead of 1 July 1996, all measures adopted to lift such restrictions.

Article 5

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 12 February 1997.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 192, 24. 7. 1990, p. 10.

(2) OJ No L 74, 22. 3. 1996, p. 13.

(3) OJ No L 20, 26. 1. 1996, p. 59.

(4) OJ No C 189, 29. 6. 1996, p. 9 and OJ No C 260, 7. 9. 1996, p. 3.

(5) OJ No L 268, 19. 10. 1994, p. 15.

(6) GSM operators get a discount of Esc 16,4 per minute (no matter where the call is placed).

(7) OJ No L 165, 19. 6. 1992, p. 27.

(8) DR I Série A No 39/95 of 15 February 1995 as amended in DR I Série A No 50/95 of 28 February 1995.

(9) As stated in the definition of universal service in Article 1 (o) of Portugal Telecom's Public Telecommunications Service concession.

(10) Portugal Telecom Prospectus, May 1996, p. 76.

(11) This assumption is based on the average of the 'accounting rates shares` charged by British Telecom for handling international traffic, i.e. Esc 35 per minute. If the mobile operator were to transfer 75 % of the saving to the final consumer the end-user price would be Esc 115 per minute (letter of 30 July 1996, p. 9).

(12) Green Paper on the liberalization of Telecommunications Infrastructure and Cable Television Networks - Part One - Principles and Timetable (COM(94) 440 final, 25. 10. 1994).

(13) Letter of 30 July 1996, p. 5.

(14) Tarifica study implemented for CEC - DG XIII.

(15) A direct comparison of the telephony tariffs of Portugal Telecom with the Community average (which is not a weighted average) would not be appropriate, given that the tariff structures of the 15 Community TOs are still widely divergent and in addition, given that they are currently in the process of rebalancing tariffs. A comparison with British Telecom was also made in the Commission Decision with respect to Ireland of 27 November 1996.

(16) Household size in Portugal is 2,9 people, i.e. larger than in all other EU member States except Ireland, and Spain (2,6 is the Community average). This reduces the potential for additional residential penetration.

(17) OJ No L 256, 26. 10. 1995, p. 49.

(18) Additional submission of 3 January 1997.