The following public consultation describes the compliance procedure proposed by the Gibraltar Regulatory Authority (GRA) with regard to SMP price control obligations applicable to those providers of lectronic communications services designated with significant market power (SMP) and facing such obligations. The current document focuses on retail price control obligations applying to Gibtelecom. However, the GRA believes that the procedures suggested in this document can serve as a template for the enforcement of other similar SMP obligations, particularly SMP price control obligations.
By using the SMP retail price cap obligations imposed on Gibtelecom as an example, the GRA proposes a compliance procedure framework which will provide guidance to all operators who now or in the future will be subject to any form of similar price controls. The public consultation, although more specific to Gibtelecom's retail price caps, is non-confidential. However, the consultation includes an additional annex (Annex B) which contains relevant confidential data applicable to Gibtelecom's case. As a requirement to protect commercial sensitivities Annex B is only available to Gibtelecom for comment. The GRA will report on the responses on Annex B without compromising commercial sensitivities.
In Decision Notice 03/09, "SMP Obligations in relevant Retail Fixed Markets - Application of Rebalancing and a Price Cap control on Gibtelecom"1, the GRA imposed three retail price caps on Gibtelecom which apply on an annual basis over the period from 1st May 2009 to 30th April 2012, period of three years. This document builds upon what was established in the Decision Notice and explains any amendments and additions to the compliance process where necessary. All changes have taken into account operator resources and where possible have adhered to the principle of proportionality. Therefore every effort has been made to minimise the requirement of information provision.
In this public consultation the GRA proposes the form in which SMP operators must submit price cap compliance information. The purpose of this consultation is to enhance transparency and increase legal certainty for market players.
The GRA welcomes comments from all interested parties on the questions posed in this consultation (a full list of questions is set out in Annex A) and will accept written comments up until 3pm on Wednesday 26th May 2010.
Under Regulation 15 of the Communications (Access) Regulations 2006, and in order to promote further openness and transparency, the GRA will make public the names of all respondents and make available for inspection responses to the consultation at its offices. This is subject to confidentiality. Respondents are asked to identify clearly material which is to be treated as confidential.
The GRA's Statement "Accounting separation, cost orientation, cost accounting methods and compliance under SMP obligations" Document No. 07/08 should also be read in conjunction with this consultation.