On 26th April 2010, the Authority published "Public Consultation 03/10 - rice cap control compliance" in which it invited comments from all interested parties on questions relating to the compliance procedure with regard to price control obligations applicable to providers of electronic communications networks and services designated with significant market power (SMP).
The public consultation focused on the retail price controls imposed on Gibtelecom however, the Authority explained that the procedures proposed in the consultation would 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 Authority proposed a compliance procedure framework which provides 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 was non-confidential. However, the consultation included an additional annex (Annex B) which contained relevant confidential data applicable to Gibtelecom's case. As a requirement to protect commercial sensitivities Annex B was only available to Gibtelecom for comment. The Authority, in this Decision Notice will report on the responses to 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" , the Authority imposed three retail price caps on Gibtelecom which apply on an annual basis over the period from 1st May 2009 to 30th April 2012, a 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.
Please note that this Decision Notice contains Annex A which shows the retail price cap compliance forms relevant to Gibtelecom only. Therefore only Gibtelecom will be provided with this Annex. All other interested parties will have this section omitted from their Decision Notice.
In public consultation 03/10 the Authority proposed the form in which SMP operators must submit price cap compliance information. The purpose of the consultation and this Decision Notice is to enhance transparency and increase legal certainty for market players.
The Authority received detailed submissions from one respondent listed below by the close of the consultation period.
The detailed responses to the consultation were provided by Gibtelecom
The Authority thanks all respondents for their submissions. Having considered the views of all respondents, the Authority sets out in this document its conclusions regarding the price control compliance procedure.