Liberalisation and fixed telephone service (FTS) rules

New operators can provide this service through direct access or indirect access.

The service is provided by a service provider to which the client is directly connected.

The service is supplied by a provider to which the client is not directly connected, by selecting individual call or pre selection.

Companies which are licensed by ANACOM and are in commercial activity.

The FTS is governed by Law No. 5/2004 of 10 February (Law of Electronic Communications) as amended, subsequently amended and republished by Law n. º 51/2011 of 13 September (Electronic Communications Law), and Law n. º 23/96 of 26 July (Essential Public Services Act), also the object of further changes.

See ANACOM's index of legislationhttps://www.anacom.pt/render.jsp?categoryId=333113.

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 serviceshttps://www.anacom.pt/render.jsp?categoryId=191103'' and ''Minimum content of standard contracts - amendment of guidelineshttps://www.anacom.pt/render.jsp?contentId=808758''.

You can always contact ANACOM, in person, by telephone or by email (info@anacom.ptmailto:info@anacom.pt). For more information see ''Portal do Consumidormailto:info@anacom.pt''.

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.

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.

Consult the Regulation on quality of servicehttps://www.anacom.pt/render.jsp?categoryId=333119.

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.

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 contractshttps://www.anacom.pt/render.jsp?contentId=419155 - determination of 1.9.2005, amended by Determination of 11 December 2008.

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.

In terms of specific performance objectives for quality of service, additional obligations apply to the features provided, pricing and information services.

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.

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).