«This item concerns compensation or refund due to the subscriber in case of non-compliance with the offered minimum levels of quality, including those which are set out in the contract, or established by law or regulation, namely compensation due to subscribers as provided for in the Portability Regulation in force.»
PT restates its comments in the scope of item v) of point b) of section A, declaring that it is not possible to ensure minimum levels of quality for the roaming service.
CTT restate that compensation or refund established by law or regulation should not be described in detail in the conditions of service provision, as they do not depend on the offer of the operator, but of an imposition beyond the will of the latter. It is of the opinion, consequently, that a reference to where the consumer may obtain detailed information on the matter under consideration should suffice.
ANACOM's position
The argument invoked by CTT is rejected. What is at stake here is providing future users with access to information on conditions of access to and use of the service, as they are naturally unaware of all legal, regulatory and contractual provisions to which the service provision is subject.
On the other hand, as it is on service providers that falls the obligation to pay any due compensation or refunds, it is only right that they disclose obligations to which they are subject and on which they possess privileged information.
As to PT's comments, mentioned above, this Authority refers to its response to this company's observations in the scope of item v) of point b) of section A - it is relevant to convey information on the quality of service measured for the average of cases, stressing that in the case of roaming those values may vary, and that the quality of service in this case is established on a "best effort" basis.
