Suspension of provision of leased lines to MAXITELCOM
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Title: "Suspension of provision of leased lines to MAXITELCOM"
After having been informed by MAXITELCOM - Comunicações Inteligentes, S.A., that PT Comunicações, S.A. had suspended provision of leased lines without the latter having obtained legal authorisation from ICP for this purpose, ICP decided by deliberation of June 26, 2001, that:
First of all, PT Comunicações must immediately resume the said provision of leased lines to MAXITELCOM - Comunicações Inteligentes S.A., in order to guarantee free access to consumers and other users of the services provided by the latter;
Second PT Comunicações, S.A., is obliged to inform ICP, until 12:00 of July 30, of the de facto and legal grounds for suspension of the circuits in question and for failure to observe the diligence specified in article 27 point 3, of Decree-Law no. 290-B/99, of June 30;
Third, the information required must include elements that enable the situation to be analysed, specifically in terms of consumers' rights to information and transparent pricing systems, rights of operators operating in the leased circuit market and normal development of this market in conditions of fair and effective competition.
In light of the information presented by PT Comunicações, S.A., there appear to be strong signs that grounds exist to refuse supply of circuits to the company in question. Thus, ICP, decided, by deliberation of July 31, 2001, the following:
First, PT is to be notified that, if it so wishes, it should formalise the respective request of prior authorisation from ICP for suspension of provision of leased lines to MAXITELCOM - Comunicações Inteligentes, S.A., under the terms of article 27, point 3 of Decree-Law no. 290-A/99, of July 30.
Second, distinct proceedings will be conducted to ascertain whether there was non-compliance by PT Comunicações, S.A., of ICP's decision that the latter shall immediately resume provision of circuits to MAXITELCOM - Comunicações Inteligentes, S.A., as notified under the terms of article 23, point 4 of the Bases of the public telecommunications services concession, approved by Decree-Law no. 40/95, of February 15.
Third, distinct proceedings will be conducted to ascertain the reasons for non-compliance by MAXITELCOM - Comunicações Inteligentes, S.A.. with the obligation to inform consumers under the terms specified in articles 3 and 4 of Law no. 23/96, of July 27, in relation to the possibility of interruption of services.
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