Community Litigationhttps://www.anacom.pt/render.jsp?contentId=55129
Infringement proceedingshttps://www.anacom.pt/render.jsp?contentId=55130
Administrative actionshttps://www.anacom.pt/render.jsp?contentId=55131
Legal challenges to fees applied by ICP-ANACOMhttps://www.anacom.pt/render.jsp?contentId=55132
Special Judicial Process for the Recovery of Companies and Bankruptcieshttps://www.anacom.pt/render.jsp?contentId=55133
Tax Foreclosureshttps://www.anacom.pt/render.jsp?contentId=55134
Universal Service Directories
By failing to guarantee the availability in practice in Portugal of at least one complete directory list and at least one complete telephone information service for all end-users, pursuant to articles 5, paragraphs 1 and 2, and article 25, paragraphs 1 and 3 of Directive 2002/22/EC of the European Parliament and of the Council of 7 May 2002, on the universal service and users' rights relating to electronic communications networks and services (Universal Service Directive), the European Commission, considering that the Portuguese Republic had not complied with the obligations set out in the cited Directive, initiated legal action against Portugal in the Court of Justice of the European Communities, which case is ongoing.
It should be noted that in addition to the cited provisions of Directive 2002/22/EC having been correctly transposed, since 2003 ICP-ANACOM has adopted a number of measures to ensure the availability of a directory list and a complete telephone information service, within the scope of the universal service. However, because Vodafone managed to obtain, by court order, a provisional suspension of the transmission of data of their subscribers to the provider of the universal service provider, it became necessary to seek agreement between PTC (current universal service provider) and Vodafone and Sonaecom on the conditions for sending the data of subscribers to the mobile telephone services of these two providers. This process began in 2007 and continued through most of 2008.
Due to a delay in completing these agreements, despite significant progress, ICP-ANACOM intervened in 2008, establishing the conditions and the deadlines for submission of data to the universal service provider, referring this decision to the prior hearing of interested parties.
It is expected that, during the first half of 2009, a complete list and a full telephone information service will be finally available, containing the data of all consenting end-users of fixed or mobile telephone services.
Designation of the Universal Service Provider(s)
In 2005 the European Commission initiated a process of pre-litigation against the Portuguese State, essentially arguing that the designation of PTC as the provider of the universal service until 2025 was incompatible with the requirement laid down by Directive 2002/22/EC of European Parliament and of the Council of 7 March 2002 on the universal service and users' rights relating to electronic communications networks and services.
In February 2008 the Commission issued its reasoned opinion, in this case, maintaining its original position.
In response, the Government redefined the overall timetable of actions to ensure that the designation of the provider(s) of the universal service is in accordance with the terms of the cited Directive, transposed by Law no 5/2004 of 10 February.
It is in this context that ICP-ANACOM, in its role as advisor to the Government and in the execution of the joint order of the Minister of State and of Finance and the Minister of Public Works, Transport and Communications of 28 January 2008, launched a public consultation process in February 2008 in order to compile positions on a range of issues relating to the designation of universal service and expressions of interest from the various market players in providing this service. Upon the conclusion of this consultation, a report was drafted with the summary of views received (available on the website of ANACOM) and in accordance with the cited order, a document was prepared with recommendations to the Government for holding the tender for the selection of the provider(s) of the universal service.
Following this process, and at the request of the Government, ANACOM began preparing the regulatory documents needed to launch a tender for the designation of the provider(s) of the US.
In Table 7 and in Table 8 detailed information is given on the infringement proceedings began in 2008 and carried over from previous years, respectively.
|
Cases instituted |
139 |
|
|
|
Cases determined |
28 |
||
|
|
With voluntary payment |
1 (€99.76) |
|
|
With acquittal |
4 |
||
|
With reprimand |
3 |
||
|
With application of fine |
20 (€393,097.58) |
||
|
|
Paid |
3 (€6,098.79) |
|
|
Executed |
4 (€137,473.79) |
||
|
Outstanding |
7 (€107,400.00) |
||
|
Appealed |
6 (€142,125.00) |
||
|
Fines paid |
5 (€3,649.75) |
|
|
|
Sent for execution |
8 (€81,248.80) |
||
|
Challenged |
1 (€5,000.00) |
||
|
Cases determined |
171 |
||
|
|
Archived |
24 |
|
|
With voluntary payment |
1 (€498.80) |
||
|
With acquittal |
38 |
||
|
With reprimand |
34 |
||
|
With application of fine |
74 (€721,425.74) |
||
|
|
Paid |
31 (€89,018.98) |
|
|
Executed |
13 (€125,492.78) |
||
|
Outstanding |
15 (€82,915.18) |
||
|
Appealed |
15 (€423,998.80) |
||
The infringement cases that led to the institution of the 139 infringement proceedings in 2008, are presented in the following tables:
I - Instituted due to breach of Law no 5/2004 of 10 February
|
Electronic Communications Networks and Services |
55 Cases |
|
Failure to provide information to the NRA |
43 Cases |
|
Breach of the rules associated with the rights to use geographic numbers |
3 Cases |
|
Use of subscription contracts without prior approval of the NRA |
2 Cases |
|
Non-Compliance with orders or legitimate notices of the NRA |
2 Cases |
|
Breach of the terms defined by the NRA for the RCAO, with respect to the |
1 Case |
|
Failure to respect the service designation associated with the allocation of |
1 Case |
|
Violations of the right of subscribers to Portability |
1 Case |
|
Failure to comply with the Quality of Service obligations of the Universal Service |
1 Case |
|
Violations of the rules set out in the Selection and Pre-selection Regulation |
1 Case |
II - Instituted for violation of other legislation
|
Postal Services |
10 Cases |
|
(Decree-Law no 150/2001 of 7 May, as amended by Decree-Law |
|
|
Failure to provide ICP-ANACOM with the information necessary for verification and |
10 Cases |
|
Radio Broadcasting Activity |
7 Cases |
|
(Decree-Law no 151-A/2000 of 20 July, applicable under Article 1 of Law Decree no 126/2002 of 10 May) |
|
|
Use of radio stations in violation of the technical parameters set by ICP-ANACOM |
7 Cases |
|
Sound Broadcasting Activity - RDS |
1 Case |
|
(Decree-Law no 272/1998 of 2 September) |
|
|
Use of the RDS system without authorisation (article 3/1 and 2) |
1 Case |
|
Amateur Radio Service |
5 Cases |
|
(Decree-Law no 5/95 17 January) |
|
|
Use of frequency bands and emission classes different from those authorised for |
4 Cases |
|
Failure to transmit call sign at the beginning and end of each transmission; amateur |
1 Case |
|
Mobile Maritime Service |
1 Case |
|
(Decree-Law no 179/97 of 24 July) |
|
|
Use of a radio network without license |
1 Case |
|
Personal Radio Service - C.B. |
1 Case |
|
(Decree Law no 47/2000 of 24 March) |
|
|
Use of CB stations by non-registered entities |
1 Case |
|
Land Mobile Service for Private Use |
39 Cases |
|
(Decree-Law no 151-A/2000 of 20 July) |
|
|
Use of a radio network without license |
32 Cases |
|
Use of radio stations in unassigned frequencies |
4 Cases |
|
Use of radio stations in violation of the technical parameters set by ICP-ANACOM |
2 Cases |
|
Use of radio stations without license |
1 Case |
|
Installation of Telecommunications Infrastructure in Buildings (ITED) |
10 Cases |
|
(Decree Law no 59/2000 of 19 April) |
|
|
Issuance of Certificate of Compliance with respect to non-compliant installation |
5 Cases |
|
Preparation of technical projects not in compliance with the applicable technical |
4 Cases |
|
Breach of the obligation of ITED installers to only use equipment and material on |
1 Case |
|
Terminal and Radio Equipment |
10 Cases |
|
(Decree-Law no 192/2000 of 18 August) |
|
|
- Placing on the market of equipment that is non-compliant with the essential - Failure to inform the user of the intended use of the equipment - Failure to supply the user with a declaration of conformity to the essential - Violation of the obligation to provide the user with information, by failure to - Violations of the obligation to provide notification to ICP-ANACOM prior to the - Violations of the obligation to affix the CE mark of conformity on appliances that - Violation of the obligation to supply documentation, information manuals and - Failure to declare that the equipment complies with the applicable essential - Violation of the obligation to maintain the technical construction dossier, making |
10 Cases |
In Table 9 and Table 10 detailed information is provided concerning the processes in administrative litigation began in 2008 and carried over from previous years.
|
2008 Cases |
21 |
|
|
|
Protective Measure |
7 (suspension of validity) |
|
Special Administrative Action |
12 |
|
|
Joint Administrative Action |
2 |
|
|
Cases brought |
43 |
|
|
|
Protective Measure |
4 (suspension of |
|
Special Administrative Action |
24 |
|
|
Action for Annulment |
9 |
|
|
Declaratory action with ordinary procedure |
2 |
|
|
Action to Enforce a Right (tax) |
2 |
|
|
Civil Liability Action of the State |
1 |
|
|
Common Admin. Proc - Right of Work |
1 |
|
Below, an essential summary is given with respect to the 11 processes begun in 2008, all relating to electronic communications networks and services:
Electronic Communications
- Precautionary procedure of suspension of validity, presented by PTC and by PT.COM, to suspend the validity of the order set forth in paragraph 2 of point III of the Determination passed by the Board of Directors of this Authority on 03.10.2007, as the ''Determination on the method to assess margin squeeze in broadband offers provided by the PT Group - 1:50 contention offers'', whereby this Authority ordered that the companies of Grupo PT must inform ICP-ANACOM of conditions applied at retail level, including any available promotions, 10 days ahead of the day on which such conditions are to come into force, submitting grounds that evidence compliance with the Determination.
ICP-ANACOM submitted its objection on 12.02.2008, seeking dismissal of the applied for measure.
Subsequent to a Determination taken on 26.06.2008, under which ICP-ANACOM eliminated the requirement of prior notice imposed by paragraph 2 of section III of the Determination of 03.10.2007, an application was put, on 08.07.2008, to the Lisbon Administrative Circuit Court for the termination of proceedings without need to adjudicate. PTC did not oppose the application.
Ruling on 31.07.2008, the Lisbon Administrative Circuit Court ordered the termination of proceedings without need to adjudicate.
The process is closed.
- Precautionary procedure of suspension of validity, presented by TMN, with a view to the immediate suspension of the act undertaken, on 19.11.2007, by a Member of the Board of Directors of ICP-ANACOM, in the exercise of delegated powers, which determined the delivery to ICP-ANACOM of a copy of the contract agreed between TMN and CTT on access to the mobile network.
ICP-ANACOM submitted its objection on 20.03.2008.
Ruling on 25.04.2008, the Lisbon Administrative Circuit Court dismissed the application for suspension of validity as not proven.
The process is closed.
- Precautionary procedure of suspension of validity, presented by TMN, seeking the immediate suspension of the Determination issued by the Board of Directors of ICP-ANACOM, on 02.07.2008 regarding the ''Wholesale Market for Voice Call Termination on Individual Mobile Networks - Specification of the Price Control Obligation''.
On 04.07.2008, ICP-ANACOM notified TMN of the Reasoned Resolution adopted by this Authority.
ICP-ANACOM submitted its objection on 21.08.2008.
The case is pending.
- Precautionary procedure of suspension of validity, presented by Vodafone, seeking the suspension of Determination issued by the Board of Directors of ICP-ANACOM on 02.07.2008 with regard to the ''Wholesale Market for Voice Call Termination on Individual Mobile Networks - Specification of the Price Control Obligation''.
On 22.08.2008, ICP-ANACOM notified Vodafone with respect to the Reasoned Resolution adopted by this Authority.
On 27.08.2008, ICP-ANACOM submitted its objection.
Ruling on 23.10.2008, the Lisbon Administrative Circuit Court rejected the requested precautionary procedure.
Notified of the ruling of 23.10.2008, Vodafone did not concur and appealed to the Central Administrative Court South.
ICP-ANACOM entered its counter-claims on 04.12.2008.
The case is pending.
- Special Administrative Action, brought by PT Comunicações, S.A and PT.COM, seeking the annulment of the determination in paragraph 2 of section III of the Determination taken by the Board of Directors of ICP-ANACOM on 03.10.2007 as the ''Determination on the method to assess margin squeeze in broadband offers provided by the PT Group - 1:50 contention offers'' under which this Authority determined that the companies of Grupo PT must give notification of conditions applied at retail level, including any available promotions, 10 working days ahead of the day on which such conditions are to come into force, submitting grounds that evidence compliance with the Determination.
ICP-ANACOM submitted its response on 04.03.2008.
Following the Determination on 26.06.2008, under which this Authority removed the requirement of notice imposed by the cited paragraph 2 of section III of the Determination of 03.10.2007, an application was put, on 08.07.2008, to the Lisbon Administrative Circuit Court for the termination of proceedings without need to adjudicate. PTC did not oppose the application.
Ruling on 31.07.2008, the Lisbon Administrative Circuit Court determined the termination of proceedings without need to adjudicate.
The case is closed.
- Special Administrative Action, brought by PT TELECOM, SGPS, S.A., seeking condemnation of ICP-ANACOM through administrative act or other legal act which declares the partiality of Member of the Board of Directors, Dr. José Manuel Bígares Ferrari Careto, removing him from the procedure for adopting a decision on the obligation to control prices in the wholesale markets of voice call termination on individual mobile networks, from responsibility of the Board of Directors of ICP-ANACOM. That is that ICP-ANACOM be condemned for the practice of an act of granting a claim of bias, replacing the decision of rejection of the Chairman of the Board of ICP-ANACOM of 16.01.2008.
ICP-ANACOM challenged.
The case is pending.
- Special Administrative Action, brought by the TMN, challenging the act practised on 19.11.2007 by Member of the Board of Directors of ICP-ANACOM, in the exercise of delegated powers, which determined the delivery to ICP-ANACOM of a copy of the contract agreed between TMN and CTT on access to the mobile network.
ICP-ANACOM challenged on 26.06.2008.
The case is pending.
- Special Administrative Action, brought by Vodafone against the Determination issued by the Board of Directors of ICP-ANACOM on 02.07.2008, with regard to the ''Wholesale Market for Voice Call Termination on Individual Mobile Networks - Specification of the Price Control Obligation''.
The case is pending.
- Special Administrative Action, brought by TMN, in respect of a Determination taken by the Board of Directors of ICP-ANACOM on 02.07.2008, with regard to the ''Wholesale Market for Voice Call Termination on Individual Mobile Networks - Specification of the Price Control Obligation''.
The case is pending.
- Joint Administrative Action, brought by BLUE CARD - Serviços de Telecomunicações Informáticas, Lda., seeking clarification of points of Law, including whether Regulatory Order no 1230/99, is a Regulation and, if not, whether it is ineffective due to the fact that it was published in the 2nd Series of the Diário da República and not the 1st Series-B in accordance with article 3, paragraph 3, point d) of Law no 74/98 of 11 November, and to further ascertain whether the repeal of the Decree-Law which gave grounds thereto and its replacement by Law no 5/2004 of 10 February led to the termination of the validity of said regulation.
ICP-ANACOM challenged.
The case is pending.
- Joint Administrative Action, brought by PT Comunicações, S.A, seeking to hold ICP-ANACOM liable for losses caused by its regulatory actions with respect to the prices for the termination of calls on the public telephone network at a fixed location charged by companies not belonging to Grupo PT.
ICP-ANACOM challenged on 03.10.2008.
The case is pending.
Digital Terrestrial Television service (DTT)
- Precautionary procedure of suspension of validity, brought by AIRPLUS Television Portugal, S.A. AND OTHERS, seeking that suspension be granted of the Public Tender for the allocation of frequency usage rights on a national and part-national basis for the digital terrestrial broadcasting service and for the licensing of a distribution operator - Muxes B to F".
ICP-ANACOM presented its objection.
Reasoned resolutions were presented, under the terms and for the purposes of paragraph 1 of article 128 of the Code of Procedure of the Administrative Courts, both by ICP-ANACOM and the ERC, which were to be deemed illegal. This decision was appealed.
The case is pending.
- Special Administrative Action, brought by the AIRPLUS Television Portugal, S.A. AND OTHERS, seeking the annulment of the administrative acts performed by ICP-ANACOM and ERC and conviction of the defendants with a view to the execution of a new assessment of applications in respect of the Public Tender for the allocation of frequency usage rights on a national and part-national basis for the Digital Terrestrial Television Broadcasting Service.
ICP-ANACOM challenged on 02.10.2008.
The case is pending.
Universal service
- Special Administrative Action, brought by PTC, seeking the annulment of the Determination issued by the Board of Directors of ICP-ANACOM on 30.01.2008, on the "Decision on the Evaluation of net costs incurred through the provision of universal service".
ICP-ANACOM challenged on 24.06.2008.
The case is pending.
Publicly available Land Mobile Service
- Precautionary procedure of suspension of validity brought by TMN, in respect of the act of opening the Public Tender for the Allocation of a right to use frequencies on a national basis, for the provision of the publicly available land mobile service, and any subsequent actions undertaken under this procedure, as well as prohibition of the practice and performance of any other subsequent acts in the same tender procedure.
ICP-ANACOM presented its objection.
The case is pending.
- Special Administrative Action, brought by TMN, to challenge paragraph 3 of the determination taken by the Board of Directors of ICP-ANACOM on 17.01.2008, to the extent that this Determination allows Trunking Mobile Service operators (SMRP) to provide the Land Mobile Service (LMS) without the organisation of a competitive or comparative selection procedure.
ICP-ANACOM challenged on 25.06.2008.
The case is pending.
- Special Administrative Action, brought by Vodafone, challenging paragraph 3 of the Determination taken by the Board of Directors of this Authority on 17.01.2008, to the extent that this Determination allows Trunking Mobile Service operators (SMRP) to provide the Land Mobile Service (LMS) without the organisation of a competitive or comparative selection procedure.
ICP-ANACOM challenged on 01.07.2008.
The case is pending.
- Special Administrative Action, brought by Vodafone, challenging the Regulation of the Public Tender for the Allocation of a Right to Use Frequencies, on a national basis, for the provision of the publicly available land mobile service.
ICP-ANACOM challenged.
- Special Administrative Action, brought by Sonaecom, challenging the Regulation of the Public Tender for the Allocation of a Right to Use Frequencies, on a national basis, for the provision of the publicly available land mobile service, as well as the Tender Specifications.
ICP-ANACOM responded.
The case is pending.
Radio Station Support Infrastructure
- Precautionary procedure of suspension of validity, brought by Sonaecom (and others) seeking the suspension of validity of the act of the Councillor of the Municipal Council of Faro who ordered the removal, within 45 working days, of radio station support infrastructure located in the building at Lot A, Rua Alves Roçadas in Faro.
ICP-ANACOM, named as a third party, challenged on 03.12.2008.
Ruling on 08.01.2009, the Administrative and Fiscal Court of Loulé determined the termination of proceedings without need to adjudicate.
The case is closed.
- Special Administrative Action, brought by Sonaecom (and others) seeking the suspension of validity of the act of the Councillor of the Municipal Council of Faro who ordered the removal, within 45 working days, of radio station support infrastructure located in the building at Lot A, Rua Alves Roçadas in Faro.
ICP-ANACOM challenged on 03.12.2008.
The case is pending.
With respect to the 43 cases carried over the following were closed in 2008:
- an appeal of annulment, brought by TECNIEURO - Instalações Técnicas Especiais, Lda., on 18.01.2000 against the order of Member of the Board of Directors of ICP-ANACOM, dated 16.12.99, imposing a fine on said company, on the grounds of breach of the contractual terms referred to in the construction contract, concluded on 30.04.99, for the installation of heating, ventilation and air conditioning of the building occupied by ICP-ANACOM in Barcarena.
ICP-ANACOM submitted its reply on 19.05.2000.
Ruling on 07.10.2008, the Administrative and Fiscal Court of Sintra dismissed the appeal, maintaining the appealed act.
The case is closed.
Electronic Communications Networks and Services - Access to Conduits
- Special Administrative Action, brought by Novis, on 19.10.2004, following the Determination of the Board of ICP-ANACOM of 17.07.2004 on the ''Offer for access to the PTC concessionaire conduits''.
ICP-ANACOM submitted its response on 05.01.2005.
Ruling on 20.10.2006, the Administrative and Fiscal Court of Porto ordered the termination of proceedings without need to adjudicate.
The case is closed.
Electronic Communications Networks and Services
- Precautionary procedure of suspension of validity, brought by Novis, AR Telecom - Acessos e Redes de Telecomunicações, S.A., Onitelecom, Cabovisão, COLT Telecom - Serviços de Telecomunicações, Unipessoal, Lda., G9SA - Telecomunicações, S.A., seeking the declaration of nullity or annulment of the decision on ''Price control of call termination on the public telephone network at a fixed location of operators with significant market power (SMP), except for operators of the PT Group'', approved by determination of the Board of Directors of ICP-ANACOM of 26.10.2005.
ICP-ANACOM's opposition was lodged on 09.03.2006.
A reasoned resolution was presented recognizing that the deferment of implementation, for the period in which the precautionary procedure would be pending, would be seriously detrimental to the public interest.
ICP-ANACOM opposed the request for suspension of validity on 28.03.2006.
On 12.05.2006, the Claimants sought declaration from the Administrative and Fiscal Court of Lisbon of invalidity of the ''act of undue execution'' set out in the cited Resolution.
ICP-ANACOM commented on this claim on 05.06.2006.
The Court found against the application of the Claimants on 09.06.2006.
Ruling on 25.01.2007, the Administrative and Fiscal Court of Lisbon rejected the request for suspension of validity.
The case is closed.
- an appeal of annulment, brought by PTC, on 23.04.2001, in respect of the Determination of the Board of Directors of ICP-ANACOM of 21.02.2001, in which the Board, considering that PTC had presented an ''Offer of Access to ISPs'' on 13 February 2001, ordered PTC to introduce several changes to this alleged offer, through the issuance of a PRAI, to be published (then) by 01.03.2001.
ICP-ANACOM submitted its reply on 20.09.2001.
Ruling on 07.07.2008, the Administrative and Fiscal Court of Sintra dismissed the appeal, giving merit to the question of impossibility of adjudication.
The case is closed.
- an appeal of annulment, brought by PT Comunicações, S.A, on 12.09.2001, in respect of the Determination of the Board of Directors of ICP-ANACOM of 21.02.2001, in which the Board, considering that PTC had presented an ''Offer of Access to ISPs'' on 13 February 2001, ordered PTC to introduce several changes to this alleged offer, through the issuance of a PRAI, to be published (then) by 01.03.2001.
ICP-ANACOM submitted its response on 27.11.2001.
Ruling on 07.07.2008, the Administrative and Fiscal Court of Sintra rejected the appeal, giving merit to the questions of non-appealability of the appealed Determination, dated 25.06.2001, and of inadmissibility due to the appeal date.
The case is closed.
- Special Administrative Action, brought by Vodafone, on 30.05.2005, seeking the annulment or declaration of invalidity of the Determination of the Board of Directors of ICP-ANACOM of 09.02.2005 on the Audit of Statistical Items of LMS Operators during the final quarter of 2003, under the terms of which it was determined that, within one month, the necessary procedures be implemented to remove and correct the situations referred to therein, so that in the future the indicators be sent based on the definitions set out in the current statistical form.
ICP-ANACOM challenged on 13.07.2005.
Later ICP-ANACOM conducted a second audit on the use of spectrum by the providers of LMS during the years of 2002, 2003 and 2004, whose reports were approved by Determination of the Board of Directors of ICP-ANACOM of 28.02.2007, giving rise to the settlement of additional fees due during these years.
Lisbon Administrative Circuit Court, considering that the Determination of 28.02.2007 provides tacit repeal of the determination of 09.02.2005, terminated the proceedings on the grounds of impossibility of adjudication.
The case is closed.
- Special Administrative Action, brought by PTC, on 14.07.2005, which sought the declaration of partial nullity or partial annulment of the Determination issued on 2005.04.13 by the Board of Directors of ICP-ANACOM on price changes to be made to RUO (Reference Unbundling Offer).
ICP-ANACOM submitted its challenge on 09.12.2005.
By application filed on 16.07.2008 at the Lisbon Administrative Circuit Court, PTC waived the request.
Ruling on 24.09.2008, the Court approved the waiver submitted by PTC, extinguishing the right which it was intended to enforce.
The case is closed.
- Special Administrative Action, brought by PTC on 26.09.2006, seeking the annulment of the Determination of the Board of Directors of ICP-ANACOM of 26.05.2006 on the ''Leased Lines Reference Offer''.
ICP-ANACOM challenged on 07.11.2006.
In 2008, PTC withdrew the request.
Ruling on 01.10.2008, the Lisbon Administrative Circuit Court approved PTC's withdrawal and absolved ICP-ANACOM from the application.
The case is closed.
- Joint Administrative Action, brought by BLUE CARD - Serviços de Telecomunicações Informáticas, Lda., on 11.07.2007, seeking clarification of points of Law, including whether Regulatory Order no 1230/99, is a Regulation and, if not, whether it is ineffective due to the fact that it was published in the 2nd Series of the Diário da República and not the 1st Series-B in accordance with article 3, paragraph 3, point d) of Law no 74/98 of 11 November, and to further ascertain whether the repeal of the Decree-Law which gave grounds thereto and its replacement by Law no 5/2004 of 10 February led to the termination of the validity of said regulation.
ICP-ANACOM lodged a challenge on 17.12.2007.
Ruling on 20.10.2008, the Administrative and Fiscal Court of Almada upheld the plea of inadmissibility of the error in the process, refraining from knowing the application, acquitting the defendant of the proceedings.
The case is closed.
Universal Service of Telecommunications
- Judicial Appeal, brought by PTC on 24.02.2005, of the order of the Court handed down on 04.11.2002, which rejected the appeal for annulment brought by PTC against the Determination of the Board of Directors of ICP-ANACOM of 14.06.2002 on the conditions for the provision of the Telephone Directory Service and Information Service in respect of the Universal Service.
ICP-ANACOM submitted its claims on 04.04.2005.
By application presented on 16.07.2008 to the Lisbon Administrative Circuit Court, PTC withdrew the application.
Ruling on 24.09.2008, the Court approved PTC's request of withdrawal.
The case is closed.
Leased Circuits Service
- Special Administrative Action, brought by PTC on 10.05.2004, following the Determination of ICP-ANACOM of 10.02.2004 on ''restructuring of the conditions governing the leased circuits service provided by PTC''.
ICP-ANACOM challenged on 22.09.2004.
Ruling on 07.07.2008, the Lisbon Administrative Circuit Court decided to reject the appeal, giving merit to questions of non-appealability of the appealed Determination, dated 25.06.2001, and of inadmissibility due to the appeal date.
The case is closed.
In the Administrative Circuit Court of Lisbon, there were a further 2 statements of condemnation brought against ICP-ANACOM, 1 of which closed as follows:
- The action brought by Casa Viola - Lotarias, Lda., on 20.06.2001, which sought the condemnation of ICP-ANACOM in the payment of compensation for loss suffered by the undue seizure of telecommunications terminal equipment.
ICP-ANACOM submitted its challenge on 18.09.2001.
Ruling on 28.05.2008, the Lisbon Administrative Circuit Court upheld the plea that the right to compensation was time-barred, due to the fact that up to the date of commencement of the action, a period of 3 years had elapsed, and acquitted ICP-ANACOM of the application.
In 2008 presentation was made of 2 judicial appeals of acts of fee settlement, one with reference to the additional settlement of fees for the use of the radio spectrum for all six-month periods of the years 2002 through 2004, inclusive, brought by Vodafone, and another regarding the annual fee in respect of the exercise of the activity of the provision of Electronic Communications networks and services in 2007, brought by WORLDBROKER Telecomunicações, Lda.
ICP ANACOM prepared the challenges to be submitted by representatives of the tax authorities.
It also continued to monitor the 17 judicial appeals of fees initiated in previous years.
36 special judicial process for the recovery of companies and of bankruptcies were accompanied, in which ICP-ANACOM participated in the quality of creditor, in the most part due to claims resulting from the non-payment of fees. During 2008, 2 of the pending cases were concluded.
In 2008 there were a further 3 new insolvency proceedings (under the new regime established by the Insolvency and Corporate Recovery Code), in respect of debts due to ICP-ANACOM arising from the non-payment of fees.
Accompaniment continued over the course of 2008 of 6 cases of tax foreclosure brought forward from preceding years.
In 2008 1 new process was begun.
