1. When was the telecommunications market in Portugal liberalised?
Full liberalisation was implemented on 1 January 2000.
2. In general terms, what does this liberalisation mean?
Full liberalisation means the end of the concession of rights of exclusivity in the provision of the fixed telephone service (FTS) - the only network that was still to be liberalised.
Following liberalisation, customers are free to choose their FTS operator.
3. How can new operators provide this service?
New operators can provide this service through direct access or indirect access.
4. How is the service provided via direct access?
In the same way that PT provided the service up until 31 December 1999 and continues to provide today. However, with liberalisation the customer can choose to establish direct access through another FTS provider.
5. How is the service provided via indirect access?
The service is supplied by a provider to which the client is not directly connected, using the connection held by the client's direct access provider.
6. Which companies offer the fixed telephone service?
Companies which are licensed by ANACOM and are in commercial activity.
See the list of operators and providers in operation - Fixed Telephone Servicehttp://www.anacom.pt/render.jsp?categoryId=340573.
7. What rules govern the provision of FTS?
The FTS is governed by Law No. 5/2004 of 10 February (Law of Electronic Communications) as amended and by Law No. 23/96 of 26 July (Law of Essential Public Services), also as amended.
See ANACOM's index of legislationhttp://www.anacom.pt/render.jsp?categoryId=97279.
8. Are the rights of users clearly defined?
Yes. The laws referred to in question 7 give users and subscribers specific rights.
In addition, and in accordance with Law No. 5/2004 of 10 February (Law of Electronic Communications), ANACOM has sought to promote the adoption of measures which strengthen and uphold the rights of users, passing a number of determinations, in particular on the ''Object and form of public disclosure of the conditions of provision and use of electronic communication serviceshttp://www.anacom.pt/render.jsp?categoryId=191103'' and ''Minimum content of standard contracts - amendment of guidelineshttp://www.anacom.pt/render.jsp?contentId=808758''.
For further information, see ''Apoio ao Consumidor: Telefone Fixohttp://www.anacom.pt/render.jsp?categoryId=334368'' on ANACOM's website.
9. How can I find out about these rights? Who should I turn to in case of query?
You can always contact ANACOM, in person, by telephone or by email (info@anacom.ptmailto:info@anacom.pt). See also ''Apoio ao Consumidor: Telefone Fixohttp://www.anacom.pt/render.jsp?categoryId=334368'', on ANACOM's website - this area includes the wording of the subscription contracts of the FTS different providers, as approved by ANACOM.
10. What should I do if I have a dispute with an operator?
If you cannot solve the problem by contacting your operator directly, you should check your contract to see how you can make a complaint.
In all cases where a consumer is in dispute with a service provider, you can obtain further information on your rights and the courses of action available to you by contacting Direcção-Geral do Consumidor (General-Directorate of the Consumer) or by contacting your local CIAC - Centros de Informação Autárquica ao Consumidor (Municipal consumer information centre). You can also contact consumer conflict arbitration and mediation centres, justices of the peace or even the courts.
11. How can I get information about the quality of service provided by the different operators?
On 14 June 2005, the Quality of Service Regulation was published in the 2nd Series of the Official Gazette (Diário da República) - Regulation No. 46/2005 as subsequently amended. This Regulation applies to the service of access to the public telephone network at a fixed location and the publicly available telephone service.
The aim of this Regulation is to ensure that users have access to clear, comprehensive and comparable published information on the quality of service provided.
To this purpose, the Regulation establishes a set of parameters which FTS providers can use to measure the quality of the service they provide. The Regulation also sets out the content and format of this information and its means of publication.
ANACOM carries out audits in order to enforce compliance with the obligations and rules defined in the Regulation.
See the Regulation on Quality of Servicehttp://www.anacom.pt/render.jsp?categoryId=129959
12. Does the Regulation stipulate minimum levels of quality to be provided by FTS operators?
Regulation No. 46/2005 does not stipulate any minimum levels of quality of service in terms of the parameters which it sets out. In fact, under the Law of Electronic Communications, ANACOM is only permitted to set performance targets with respect to the provision of the universal service.
Any compensation payable by the operator to its customers, in the event that the quality of service provided falls short, is governed only by the contract made between the provider and its subscribers.
13. What information should be included in the subscription contract?
On 1 September 2005, ANACOM approved the guidelines, amended on 11 December 2008, on minimum content to be included in contracts governing the provision of electronic communications services (including FTS). As such, with respect to quality of service, ANACOM specified that ''The contract must clearly set the levels of quality that the service provider commits itself to provide to the customer signing the contract, i.e., the minimum levels of quality of service (targets) to which the customer is entitled, and which, when not met, will determine the payment of compensation or a refund''.
Under the terms of the same determination, ANACOM also suggested a number of quality parameters to be included in these contracts. However, the operator may choose whether or not to actually adopt these parameters.
For detailed information, consult Guidelines for minimum content to be included in electronic communication contractshttp://www.anacom.pt/render.jsp?contentId=419155 - determination of 1.9.2005, amended by Determination of 11 December 2008.
14. Do all FTS providers have the same obligations?
Yes. However, within the scope of provision of the universal service - for which PT is responsible - there are additional obligations that correspond to wider rights for the respective users.
15. In what areas do these additional obligations apply?
In terms of specific performance objectives for quality of service, additional obligations apply to the features provided, pricing and information services.
16. What is the specific scope of the universal service?
The universal service corresponds to the minimum set of services defined in Law No. 5/2004 of 10 February, of a specified quality, which is available to all users regardless of their geographical location and, in the light of national conditions, at an affordable price.
These services include: i) The connection at a fixed location to the public telephone network and access to publicly available telephone services at a fixed location; ii) Availability of a comprehensive directory and of a comprehensive telephone directory enquiry service, through a short number - comprising all subscribers of publicly available telephone services (fixed and mobile); iii) Adequate provision of public pay telephones.
17. What's the difference between universal service and essential public service?
The concept of universal service, whose scope is described in question 16, should not be confused with the concept of essential public services.
Essential public services are services which, in accordance with Law No. 23/96 of 26 July, in the wording conferred by Law No. 12/98 of 26 February - are subject to a set of specific rules especially designed to ensure that users/consumers of these services are properly protected. The application of these rules stems from the fact that the legislator has deemed such services as being essential in character, in light of their vital importance for the consumer.
Besides electronic communication services and postal services, the Law of Essential Public Services also covers water, electricity and gas supplies, sewerage and water treatment services and urban refuse collection services.
Accordingly, the fact that electronic communication services are considered essential public services under Law No. 23/96 (Law of Essential Public Services) does not affect the scope of the universal service as defined in Law No. 5/2004 (Law of Electronic Communications).
