Prior to examining the reasoning advanced by Vodafone, note must be made of the following clarification on the scope of the ruling laid down in the Determination of 30 October 2014.
It appears, from the wording of the response presented, that Vodafone's position stems from a erroneous assumption, which is to consider that ICP-ANACOM ordered the company, by means of its Determination of 30 October 2014, to undertake definitive suspension of the measure to be adopted on 22 October 2014, entailing a requirement that subscribers with prepaid tariff constitute and credit a second balance to access the "760" numbering range of the Plano Nacional de Numeração (National Numbering Plan).
However, as is clear from the reasoning which gives basis to the Determination of 30 October 2014, the intention of the urgent measure was to prevent Vodafone from putting the contract amendment governing prepaid tariffs into effect without having first observed the requirements stipulated in paragraph 6 of article 48 of the LCE, i.e., without having fulfilled the obligation to give respective subscribers one-month prior written notice and to grant the right, in accordance with the period established therein, to terminate the contract without penalty where the subscriber does not accept the new condition.
Accordingly, the Determination of 30 October 2014 did not prohibit the adoption of such a measure by Vodafone, but merely prohibited its adoption without prior observance of the provisions of paragraph 6 of article 48 of the LCE. However, given the entry into force of Regulation no. 495/2014 of 3 November, it is not possible for Vodafone to observe the requirement of advance notice and execute the measure before it is made unlawful, as according to paragraph 1 of said Regulation.
