ICP-ANACOM is often called upon to mediate in disputes between operators, and in 2010, this Authority intervened on various occasions to resolve disputes between operators, including:
- Administrative resolution requested by Radiomóvel (currently Mobizapp) as it sought to gain access and interconnection of its SMRP network with the fixed, mobile and nomadic networks of Optimus, PTC, TMN and Vodafone Portugal
ICP-ANACOM received a request for intervention by Radiomóvel - Telecomunicações, S.A. (Radiomóvel), with the objective of "exercising their right to negotiate interconnection with and obtain access or interconnection to other undertakings providing publicly available electronic communications networks and services", which it claimed had been denied by PTC, Sonaecom, TMN and by Vodafone Portugal. By determination of 30 July 2010, ICP-ANACOM determined that, in compliance with the legal and regulatory obligations to which they were subject under article 64, paragraph 2 and paragraph 66 of the LCE, PTC, TMN, Sonaecom and Vodafone Portugal were required to meet reasonable requests for the interconnection of Radiomóvel's mobile network with their own fixed, mobile and nomadic networks, in full observance of the obligations imposed on them pursuant to market analysis procedures and in particular, in observance of the obligations to respond to reasonable requests for access and obligations of non-discrimination.
In this determination, ICP-ANACOM also set out that, within a maximum period of 90 consecutive days from the date of the final decision in this process, notice is to be given to this Authority of the conclusion of the interconnection agreements necessary to ensure Radiomóvel's right to obtain access or interconnection. Only Vodafone Portugal complied with the stipulations of the determination in a timely manner.
After the specified period of 90 days, contacts were made in order to oversee compliance with the obligations set forth in this decision, whereby it was found that all the companies involved had made efforts to reach an interconnection agreement under the established terms. The respective agreements were signed in 2011.
However, Vodafone Portugal brought a special administrative action challenging the determination of 30 July 2010, which was appropriately contested - the case is pending.
- Administrative resolution of a dispute between Vodafone Portugal and PT Prime, TMN and Optimus over portability pricing
On 28 December 2010 and under article 10 of the LCE, Vodafone requested ICP-ANACOM's intervention to resolve a dispute with PT Prime, Optimus and TMN on account of the retroactive application by these providers of the new portability activation pricing.
After verifying the requisites of intervention by the regulator, the counter-parties were notified to state their positions with regard to Vodafone Portugal's request.
This dispute remains under review.
- Request for intervention presented by Nortenet - Sistemas de Comunicação S.A. due to improper billing of migration of ADSL loops by PT Comunicações
During 2010 an analysis was conducted to consider the request for intervention submitted by Nortenet on 28 September 2009 in a dispute with PTC over alleged improper billing of migration of ADSL loops during specified periods. Nortenet was of the view that such a procedure constituted a violation of ICP-ANACOM determinations of 21 April 2006, 3 October 2007 and 26 June 2008, regarding the "Rede ADSL PT" offer. In this context, it requested intervention by this Authority to instruct PTC to issue credits in respect of the improperly charged amounts.
- Dispute between PT /TMN and Sonaecom over termination prices of the nomadic VoIP service
Analysis of this dispute was conducted during 2010, whereas, by letter in March 2011, PT informed ICP-ANACOM that, in the meantime, the parties had reached agreement. As such, there is currently no dispute between the parties.
- Dispute between AR Telecom, Vodafone Portugal and Sonaecom over remuneration conditions of the 760 service
Analysis of AR Telecom's dispute with Vodafone Portugal and Sonaecom was conducted during 2010.
- Dispute between PTC and Sonaecom over unilateral alteration of the remuneration of this company in the access of its customers to PTC's 760 service
On 27 September 2010, PTC withdrew its request which it had presented on 7 April 2009 for ICP-ANACOM to intervene regarding its dispute with Sonaecom.
- Dispute between PTC and Sonaecom on tariffs and routing of traffic from former Telemilénio - Telecomunicações, Sociedade Unipessoal, Lda. (Tele2)
Analysis of this dispute continued during 2010.
