In providing supervision and oversight of the sector, it is incumbent upon ICP-ANACOM to ensure compliance with the obligations of universal service, and also to ensure the application and enforcement of laws, regulations and technical requirements applicable within the scope of its powers and responsibilities. ICP-ANACOM is also responsible for making sure that communications operators are compliant with the provisions of the titles by which they are authorised to engage in activity or with the provisions of concession contracts, and for ensuring compliance with the general authorization scheme (in the case of electronic communications).
Under the law, ICP-ANACOM may conduct investigations and inspections with respect to any undertaking or site in the performance of its responsibilities.
According to article 9 of its Statutes and within the scope of its powers of regulation and supervision, ICP-ANACOM may adopt different procedures, whereby it may issue orders or determinations, which it does on a regular basis, formulate recommendations and disseminate information on the position which it adopts with regard to determined issues.
In the case of orders or determinations, ICP-ANACOM requires providers to change and correct their behaviour. As a rule, the services of this Authority, having detected irregularities, notify the parties concerned, giving them a deadline to remedy the situation. Once these deadlines have expired, new inspections are performed to check whether the situation has been corrected. For example, reference can be made to two determinations of ICP-ANACOM adopted in 2010. Under the first, issued in February, PTC was ordered to make improvements to the RUO in order to adapt it to market needs and developments. Specifically, this determination introduced Premium levels of service, increasing the value of compensation for non-compliance, providing OSP with more detailed information on access points and increasing the length of advance notice required on changes to the network.
The other determination, issued in October, required PTC to introduce changes in the RDAO, to increase efficiency and reduce non-compliance under this reference offer.
Recommendations are made in situations in which the regulator considers that there are grounds for giving providers guidance on their behaviour. For example, a recommendation issued on 1 September called on mobile operators to make information available on their websites, at their retail outlets and at other points of sales setting out the time limits applicable to the execution of mobile number portability and with details of users' rights to compensation whenever this time limit is exceeded.
Clarifications/positions are issued to the market by the regulator when it considers that it is important to clarify its position on certain issues, expressing its understanding and informing the market, thereby increasing visibility with respect to regulatory action. This occurred in April, when the regulator issued a statement to clarify its position on the portability compensation scheme.
