NCAH Board decisions on market analysis
The procedure conducted by NMHH for the designation of operators with significant market power (SMP) and imposition of obligations on them is a state administration procedure consisting of several successive phases.
In addition to other available information the Board obtains from the service providers (data collection) the information that is needed for a well established market analysis through questionnaires delivered to the electronic communications operators. In the market definition phase the Board defines as relevant market the markets connected with electronic communications services where the parameters justify sector-specific regulation.
In the market analysis phase the Board analyses the competition on the relevant markets and its efficiency and examines the competition conditions on the relevant service market. If the Board establishes that the competition is not efficient on the relevant market it identifies on the basis of the relevant provision of Act 100 of 2003 on electronic communications (Eht.) the operator having significant market power and either imposes at least one obligation that is justified by the obstacles to competition identified by the market analysis and is proportionate to them or maintains or modifies at least one of the obligations earlier imposed on the SMP operator.