DETERMINATION
1. By determination adopted on 30 October 2014 and pursuant to the provisions of paragraphs 1 to 3 of article 111 of the LCE, ICP-ANACOM ordered Vodafone Portugal - Comunicações Pessoais, S.A., as follows:
1. To suspend, with immediate effect, restrictions on access to the "760" numbering range imposed on subscribers with prepaid tariffs, as entailing the need to constitute and credit a second balance, and to include and highlight information about suspension of this measure on the company's website and inform affected subscribers to this effect, and further (albeit by means of another source of information) inform affected subscribers as to how any second balance credited in the meantime may be used.
2. In the event that immediate suspension as determined in paragraph 1 is not possible, to carry out these instructions as soon as possible and at the latest within ten working days of this Determination's notification, demonstrating to ICP ANACOM that it will execute the order under the terms so defined.
3. To inform ICP-ANACOM as to the procedures adopted pursuant to the preceding paragraphs, within 10 working days;
4. To state its position on the determined measure, if it so sees fit, within 10 working days.
It is also specified in the Determination that the ruling in question shall remain in force for a period of 3 months or until such time as a final decision is issued, where issued prior to this three-month period elapsing.
Vodafone was notified as to the Determination of 30 October 2014, by protocol, on this same day.
2. In response, sent by fax dated 03 November 2014, Vodafone set out its position on the urgent action in question, arguing that, by contravening the principles of proportionality and equality, it was without basis and unlawful, and, in conclusion, sought its repeal or otherwise, in the event that repeal is not granted, its substitution by a proportionate measure to be maintained until the duty to provide prior information is properly discharged.
Vodafone further requested that ICP-ANACOM clarify what is to be considered as the set of customers covered by the obligation to give notice of the suspension of the requirement for a 2nd balance: all its prepaid tariff customers or solely those customers objectively affected by the suspension of the 2nd balance as a result of having already credited the 2nd balance.
The requested clarification was provided by means of a Determination adopted on 06 November 2014 and notified to Vodafone on the same date.
3. Analysis of Vodafone's response
3.1. Prior notehttps://www.anacom.pt/render.jsp?contentId=1341605
3.2. The alleged lack of basishttps://www.anacom.pt/render.jsp?contentId=1341606
3.3. The alleged violation of the principle of proportionalityhttps://www.anacom.pt/render.jsp?contentId=1341615
3.4. The alleged violation of the principle of equalityhttps://www.anacom.pt/render.jsp?contentId=1341616
4. Definitive measurehttps://www.anacom.pt/render.jsp?contentId=1341617
See also:
- Urgent interim measure imposed on Vodafone Portugal in respect of the 760 numbering range https://www.anacom.pt/render.jsp?contentId=1338557
