Administrative actions

There continued to be a high level of litigation as evidenced in the following table.

^{Source: ICP-ANACOM.}

Among the precautionary procedures presented 2008, note is made of the requests for suspension of validity (i) of the determination regarding the methodology for evaluation of margin squeeze in the broadband offers of Grupo PT (dismissed without need to adjudicate, in light of the determination of ICP-ANACOM of 26 June 2008 regarding the special administrative action), (ii) the requirement that TMN present the MVNO contract with CTT (definitively dismissed, upholding the pending special administrative action), (iii) the determination on the specification of the control of mobile termination rates (brought by two mobile operators and dismissed, with respective special administrative actions pending), (iv) the DTT public tender - multiplexers B to F (dismissed due to definitive sentence already passed, with the authors abandoning the corresponding special administrative action following notification of the judgement handed down in precautionary procedure) and finally, (v) the two applications for suspension of validity brought by TMN in connection with the allocation of usage rights in the 450 MHz band, which issue is under discussion in respect of six special administrative actions.

The decision of 30 January 2008 on the net costs of the universal service provision was also the object of a special administrative action brought by the USP.

It should be noted that with respect to the proceedings carried forward and closed in 2008, in no case were the applications filed by the authors upheld, noting however, that the increased level of litigation has made it necessary to add to the provision for current legal proceedings, which now amounts to an accumulated total of about 50 million euros.