The Isle of Man Communications Commission has published two Response to Consultation, Notification of Market Power Determinations and Decision Notice documents, regarding the Island’s wholesale and retail fixed telecoms markets.
These papers set out the Commission’s conclusions on the markets involved, its assessment of which operators have significant market power, and its remedies, in the form of obligations, for potential competition problems that could result in the retail and wholesale fixed markets.
The Market Review consultation published in June 2011 identified and analysed retail telecommunications markets and their corresponding wholesale markets. Potential competition problems in the retail fixed markets and wholesale fixed markets were found and regulatory remedies appropriate to each market were proposed.
A response to consultation and Decision Notice was initially published on 4 October 2011 but the Decision Notice was withdrawn on 30 November 2011 to allow further review. At this time, it was decided to issue three separate Decision Notices covering retail fixed markets, wholesale fixed markets and mobile communications markets. The Commission published further Consultation Papers and Notifications of Proposed Determinations for the wholesale fixed markets and retail fixed markets in February 2012, including notifications of proposed determinations as required in operators’ Licences.
These Decision Notices detail the designations placed on licensees and the duties and responsibilities incumbent on them as a result of these designations. The Decision Notices come into effect one month from the date of publication of this document – i.e. on the 11 October 2012.
Following the submission of new information, the Commission is also notifying its intention to define a market for wholesale on-island call transit, and proposes to designate MT with SMP in this market. Remedies applied to wholesale fixed markets would also apply to the wholesale market for on-island call transit. Representations may be made to the Commission on the notification of the wholesale on-island call transit market within one month of publication of this document.
The Market Review process is a key element in the establishment of a progressive framework for the regulation of electronic communications on the Island, alongside proposed new legislation currently being formulated. These elements will combine to give consumers, companies and investors a modern, flexible and responsive regulatory environment, increasing the Isle of Man’s competitive advantage in attracting global communications, and communications-based, businesses.
