Compensation for non-compliance

Compensation for failures to comply with time limits for responding to requests for information about ducts and to feasibility analysis requests

ZON proposed that compensation currently applicable in the event of failures to meet time limits for responding to requests for information about ducts and to duct occupation feasibility analysis requests should be adjusted to 100 euros per day, not considering current values as significant.

It is recognized that when requests for information about ducts were made using forms sent by email - in which case the target time limit (maximum obtained for 100% of occurrences) for PTC's response was 5 working days - PTC generally failed to comply with the maximum time limit (see graph 3).

However, with the service of access to information about ducts now provided exclusively using the Extranet, the indicated response time limit is now 1 working day (according to the manual of this Extranet) - see D 21.

Graph 3: Evolution in the time limit applicable to responses to requests for information on ducts

(Click to enlarge image)

So, at this moment, the position is taken that instead of increasing the daily amount of compensation, which is generally already a significant deterrent, the review of the conditions whereby eligibility for compensation is presently made subject to the submission of forecasts is more relevant to compliance with the target time limits by PTC (see section 2.17).

Compensation associated with failure to schedule supervision within the established period, or failure to provide supervision of (urgent/non-urgent) interventions where scheduled

ZON considers that established compensation should be extended to cases where PTC attends with delay with respect to the scheduled time for the supervision of beneficiary interventions, as follows:

(a) non-urgent operations - 25 euros/hour, up to a limit of 400 euros per occurrence;

(b) urgent interventions - 50 euros/hour, up to a limit of 250 euros per occurrence.

ZON considers that compensation associated with late attendance by PTC technicians/inspectors with respect to the scheduled time, does not apply if PTC informs the beneficiary that it is unable to attend according to the scheduled time with 6 hours advance notice, indicating, from the outset, the new scheduled date and time. According to ZON, the new scheduled date and time should be no later than two days subsequent to the originally scheduled date and time, in the case of non-urgent operations, and 4 hours in case of urgent interventions. If PTC does not schedule intervention within these limits, ZON proposes that this company should be liable to compensation of 100 euros/day elapsing subsequent to the 2 day limit, in the case of non-urgent operations and 50 euros/hour, after the limit of 4 hours, in case of urgent interventions.

APRITEL and Sonaecom consider that, if the PTC technicians fail to appear, and only in cases where attendance is requested/considered necessary by PTC, compensation should be payable.

Firstly, it must be stressed that, with respect to the determination of 26.05.2006 on amendments to the RDAO, and given the initial state of the offer, ICP-ANACOM decided not to establish penalty values for failure to comply with QSP3 andQSP4, stating that it would monitor the development of the RDAO and establish values subsequently for such compensation in the proper forum.

With the development of the offer, it is important to distinguish between two situations:

(a) failure to meet deadlines for scheduling supervision of non-urgent (QSP3) and urgent interventions (QSP4);

(b) late or non-attendance of PTC technicians in the supervision of beneficiary interventions (which were previously scheduled with PTC).

With respect to the deadlines for scheduling supervision of urgent and non-urgent interventions, it is deemed necessary to encourage compliance with the target-deadlines of QSP3  and QSP4 in order to prevent delays, which are harmful (and discriminatory) for beneficiaries.

In this context, the position is taken that:

D 25. In the event of non-compliance with the time limit for scheduling supervision of interventions to be performed by beneficiaries, compensation will applied at a rate of 25 euros (scheduling of non-urgent interventions) and 50 euros (scheduling of urgent interventions) for each hour of delay.

With respect to late or non-attendance of  PTC technicians in the supervision of beneficiary interventions (which were previously scheduled with PTC), as stated in D 18, in the event that supervision by PTC is scheduled in relation to interventions to be performed by the beneficiary, and where on the ground, PTC technicians fail to attend at the scheduled time and place, the beneficiary may proceed to carry out the work in question (provided that there is no impediment arising from the non-attendance of PTC's technician) and in such situation, there shall be no payment with respect to the supervision service (which did not take place) and no compensation payable by PTC.

When PTC staff fail to attend at the scheduled time and place, which non-attendance somehow prevents the beneficiary from carrying out the intervention, it is reasonable that provision be made for the payment of additional compensation, in accordance with the following table. It is noted that the date/time scheduled for the intervention is entered on the intervention request form and is known to the parties who agree on the scheduling in advance.

^{*Only when failure to attend prevents the scheduled intervention from being carried out.}

Furthermore, since there is currently no IS support for recording the attendance of PTC (or beneficiary) technicians on site, ICP-ANACOM considers that at present such situations may be recorded using the intervention request form itself, signed by both parties. The absence of the signature of either of the parties may indicate their non-attendance, whereas it is recommended that the beneficiary contact PTC (within no more than two hours, and preferably while on-site) which can also be an important factor for the verification of non-compliance.

D 26. When failure by PTC staff to attend at the scheduled time and place prevents, in some way, the beneficiary from carrying out the intervention, 25 euros (scheduling of non-urgent operations) and 50 euros (urgent scheduling) of compensation shall be applied for each hour of delay; whereas it is recommended that, within a maximum of two hours following the time of scheduling, the beneficiary shall contact PTC with respect to said non-attendance.

Compensation associated with the time taken to respond to requests for installation and the time taken to respond to requests for clearance

With the introduction of new indicators (QSP6 and QSP7), and in order to encourage compliance for 100% of cases, it is seen as fitting to establish compensation for non-compliance, which compensation should be proportionate and act as a disincentive.
In this context, it is considered that the value of 50 euros per day (as already provided for in the RDAO) fulfils these requirements, encouraging compliance with the target time limits of QSP6 and QSP7.

D 27. In the event of failure to comply with QSP6 or QSP7, compensation will be applied, amounting to 50 euros per day, limited to a maximum of 60 working days.