The AUTHORITIES 'FOR THE COMMUNICATIONS In its Council meeting of 5 May 2004; Having regard to Law 31 July 1997, n. 249 laying down the establishment of the Authority 'to the Communications Authority and regulations governing telecommunications and broadcasting systems; Having regard to Law 10 October 1990, n. 287, laying down rules for the protection of competition and the market; Having regard to Law 14 November 1995, n. 481, laying down rules for competition and the regulation of public utility services'. Establishment of the authorities 'regulation of public utility services'; Having regard to Legislative Decree 1 August 2003, n. 259, the transposition of Directives 2002/19 / EC (Access Directive), 2002/20 / EC (Authorisation Directive), 2002/21 / EC (Framework Directive), 2002/22 / EC (Universal Service Directive), entitled 'Code electronic communications "(hereinafter, the Code), published in the ordinary supplement no. 150 to the Official Gazette of the Italian Republic n. 214 of 15 September 2003, and in particular Articles 8, 10, 11, 12, 13, 17, 18 and 19; Noting the Recommendation on relevant markets of products and services under the new regulatory framework for electronic communications, as regards the application of ex ante measures in accordance with Directive 2002/21 / EC of 11 February 2003 (hereinafter, Recommendation), published in the Official Journal of the Community 'European L 114 of 8 May 2003; Having regard to Recommendation on notifications, time limits and consultations provided for in art. 7 of Directive 2002/21 / EC of the European Parliament and of the Council of 7 March 2003 on a common regulatory framework for electronic communications networks and services, published in the Official Journal of the Community 'European L 190 of 30 July 2003; Having regard to the Commission guidelines for the analysis of the significant market power of the market and the assessment under the Community regulatory framework for electronic communications networks and services, adopted by the Commission on 9 July 2002 published in the Official Gazette of the Community 'European C 165 of 11 July 2002; Having regard to Regulation on unbundled access to the local network of 18 December 2000 (2887/2000 / EC), published in the Official Journal of the Community 'European L 336 of 30 December 2000; Given the resolution no. 160/03 / CONS of May 7, 2003, on "Identification of telecommunications operators with significant market power for year 2001", published in the Official Gazette of the Italian Republic on 12 June 2003, n. 134; Given the resolution no. 335/03 / CONS of 24 September 2003, on "Changes and additions to the Regulation on access to documents, approved by Resolution no. 217/01 / CONS, "published in the Official Journal of the Italian Republic on 15 October 2003, n. 240; Given the resolution no. 316/02 / CONS of 9 October 2002 laying down 'Regulations concerning the organization and of the authority' operation to the Communications and subsequent amendments and additions, "published in the Official Gazette of the Italian Republic of 5 November 2002, n. 259, and in particular art. 24 concerning the tasks of the coordinators of the Departments and Services; Given the resolution no. 453/03 / CONS of 23 December 2003 laying down 'Regulations concerning the consultation procedure in art. 11 of Legislative Decree 1 August 2003, n. 259 "published in the Official Gazette of the Italian Republic of 28 January 2004, n. 22; Having regard to the cooperation agreement between the Authority 'to the Communications Authority and the' competition and the market for electronic communications, of 27 January 2004; Given the answers to the questionnaires sent by the Authority 'to companies active in the electronic communications markets in August 2003, and responses to requests for integration of information received in December 2003; Having regard to Recommendation on relevant markets identifies eighteen markets, and specifically: A) Retail services: 1) access to the public telephone network at a fixed location for residential customers; 2) access to the public telephone network at a fixed location for non-residential customers; 3) local telephone services and / or publicly available supplied in a fixed location for residential customers; 4) publicly available international telephone services provided at a fixed location for residential customers; 5) local telephone services and / or publicly available supplied in a fixed location for non-residential customers;
6) publicly available international telephone services provided at a fixed location for non-residential customers; 7) minimum set of leased lines (which comprises the specified types of leased lines up to 2 Mbit / s, according to art. 18 and Annex VII of the Universal Service Directive); B) Wholesale Services: 8) call origination on the public telephone network at a fixed location; 9) call termination on individual public telephone networks provided at a fixed location; 10) transit services in the fixed public telephone network; 11) Wholesale unbundled access (including shared access) to metallic loops and sub-loops for the purpose of providing broadband services; 12) Wholesale broadband access; 13) Wholesale supply of segments of leased lines; 14) wholesale provision of leased line segments on trunk circuits; 15) Access and call origination on public mobile telephone networks mentioned separately in Annex I, paragraph 2, of the Framework Directive in respect of Directive 97/33 / EC and 98/10 / EC; 16) Voice call termination on individual mobile networks; 17) wholesale national market for international roaming on public mobile networks;
18) broadcasting transmission services to deliver broadcast content to end users; Considering the characteristics and structure of the national market for electronic communications, in the light of the findings, analysis of information, of data held by the Authority 'to the outcome of the attivita' of regulatory and supervisory activities carried out so far; Considering that the Authority 'believes taking as a reference, on the opening of proceedings in respect of market analyzes envisaged by art. 19 of the Code, the markets identified in the above Recommendation, and to carry out the aforementioned activities' also on the basis of surveys and data in its possession, in the absence, at present, economic and legal reasons for departing from the information contained in the Recommendation on relevant markets and reserving, altresi ', to proceed to a possible segmentation within those markets, the outcome of this analysis; Considering that the Code states that they are conducted analyzes of the markets identified in the Commission Recommendation of 11 February 2003 and that for each relevant market identified is assessed effective competition '; Considering that, in light of the established art. 19, paragraph 4, of the Code if the Authority 'concludes that a market and' effectively competitive does not impose, it 'maintain any of the specific regulatory obligations referred to in paragraph 3; if they are already 'in place obligations to sectoral regulators, withdrawing them for companies operating in the relevant market by giving ritual communication; Considering that, in light of the established art. 19, paragraph 5, of the Code, if the Authority 'finds, including through dynamic analysis, a relevant market is not' effectively competitive, it shall identify undertakings with significant market power in accordance with Article. 17 and simultaneously on such undertakings impose appropriate regulatory obligations referred to in paragraph 3, or maintain or amend such obligations where they already 'exist; Given the opportunity 'to carry out in respect of each market, and as indicated in the foregoing, a process which concerns the activities' of the market analysis, evaluation of competitiveness', the identification of possible predominant operators and the formulation of a proposal on the withdrawal, maintenance and modification of existing obligations, or the introduction of new obligations; Given that the above proceedings, given their complexity 'and peculiarities', they concern activities' that involve the skills of more' Departments and Services Authority ', and therefore it is appropriate to entrust to the coordinators of the Departments and Services, d 'agreement with the directors of the Departments and Services concerned, the appointment of the head of each proceeding, establishing altresi' the mode 'organizational piu' suitable; Considering that it is necessary that the Coordinators of the Departments and Services, together with the Director of the Legal Service, to ensure operational consistency and management to the various procedures in order to ensure maximum efficiency and uniformity 'address to all the attivita' due; Given that the proposed measure will be subject to the procedures described in Articles 11 and 12 of the Code as well as' the consultation provided for by Resolution no. 453/03 / CONS; Considering that, at the end of the phase of national consultation, the draft resolution will be 'sent to the Authority' competition and the market, in accordance with the Agreement of collaboration of 27 January 2004; Considering that, at the end of the steps described above, the proposed measure, once acquired the opinion of the Authority 'competition and the market, it will be' sent to the European Commission, in accordance with art. 12 of the Code and the Recommendation on notifications, time limits and consultations provided for in art. 7 of Directive 2002/21 / EC of the European Parliament and of the Council of 7 March 2002; It considered that the currently existing obligations on operators notified as having significant market power under the previous regulatory framework remain valid, in accordance with art. 27 of Directive 2002/21 / EC of the European Parliament and of the Council of 7 March 2002; Having heard the report of the engineer. Mario Lari, rapporteur Commissioner pursuant to art. 32 of the organization and functioning regulations;
Resolves: Art. 1. Discipline of the preliminary consultations concerning market analysis 1. The coordinators of the Departments and Services, pursuant to art. 24 of the regulation governing the organization and operation, in agreement with the Director of the Department or of the relevant service, feature, with its determination, the appointment of the head of the procedure relating to each of the markets mentioned in the introduction, establishing altresi 'appropriate mode 'organization for the performance of the same. 2. Coordinators of the Departments and Services, together with the Director of the Legal Service, ensure uniformity 'operations and management to the various procedures in order to ensure maximum efficiency and uniformity' address to all the attivita 'due, and report regularly to Council on the state of the proceedings. 3. Notwithstanding any suspension referred to in the following paragraph, the term for conclusion of proceedings and 'one hundred and twenty days from the publication or communication of the decisions referred to in paragraph 1. 4. The expiry of the term referred to in the preceding paragraph and' suspended: a) requests for information and documents, calculated based on the date resulting from the Authority Protocol 'departing and arriving; b) for the time necessary to acquire the operators and users comments in the context of national public consultation pursuant to resolution no. 453/03 / CONS, calculated based on the date resulting from the Authority Protocol 'coming; c) for the time necessary to obtain the opinion of the authority 'competition and the market, second when defined by the cooperation of the January 27, 2004, calculated based on the date resulting from the Protocol of the authority' departing and arrival; d) for the time necessary to acquire the observations of the European Commission, according as indicated by art. 12 of the Electronic Communications Code, calculated based on the date resulting from the Authority Protocol 'departing and arriving. 5. Each proceedings concern the analysis of the relevant market, the competitiveness 'evaluation, the identification of possible predominant operators, and creation of a proposal on the withdrawal, maintenance and modification of existing obligations, or about to' introduction of new obligations. This resolution and 'published in the Official Journal of the Italian Republic and on the website of the Authority'. Naples, 5 May 2004 President: Cheli