Regulation no. 495/2014 was published on 3 November.
Under the provisions of paragraph 3 of this Regulation, all undertakings which unilaterally imposed restrictions on subscribers with regard to calls made to specific numbering ranges prior to the Regulation’s entry into force and which intend to maintain these restrictions are required to make the same offers available without restrictions – i.e. offers with the same features, with the possible exception of price - no later than 2 January.
Furthermore, in accordance with the provisions of paragraph 7 of Regulation no. 495/2014 of 3 November, these undertakings are required to notify subscribers as to the existence of unrestricted offers, giving them the option to subscribe to these unrestricted offers; switching offers in this context shall not generate any costs for the subscriber, including penalties, as resulting from early contract termination or related to change of tariff.
For it to be considered that subscribers have been given the right of choice, as set out in said paragraph 7 of the regulation, they need to be aware of the conditions of the new offers; and subscribers must be given a simple means of subscribing to these new offers.
ANACOM has seen the notifications which Vodafone has sent out to subscribers of pre-paid tariffs, as well as the information provided on the company’s website as regards calls to numbers starting with 760, and has noted that the company has announced new options which will enable use of the base balance for these calls; these options are available as of 5 January - the date on which the company indicates it will restore the restrictions.
In these notifications, Vodafone states that, in the event that customers choose not to accept the new conditions (i.e. the unilaterally imposed restrictions on access to the numbering range in question), they may be released from the conditions governing the offer of service without incurring any charge, by sending Vodafone written communication made no later than 28 December 2014. (our emphasis)
In light of the above, it is to be made clear that, for the purposes of compliance with the provisions of paragraph 7 of the Regulation in question, these notifications do not suffice.
Consult:
- Regulation no. 495/2014, published on 3 November https://www.anacom.pt/render.jsp?contentId=1338863
