Disagreement over the allocation of responsibilities for faults

The allocation of responsibility for faults can be confirmed in situations of joint intervention, except where the technicians of the two operators are unable to reach agreement on said responsibility.

However, joint interventions normally occur in situations of fault reoccurrence.

As such, a significant proportion of faults are not covered by this control.

Lacking sufficient data to develop, for the time being, an answer to these complex situations which require the creation of an expedited process, ICP-ANACOM takes the view that the parties themselves are best placed to develop a solution for dealing with the cases in question, whereby it falls primarily to PTC and the beneficiaries of the wholesale offers to establish an agreement to apply in these situations.

In this context:

D 7. PTC shall agree a solution with beneficiaries as on disagreements regarding the allocation of responsibility for faults, which solution shall apply both to invoicing and to the calculation of performance measurements and respective compensation for failures to meet targets, considering, in principle, that, unless otherwise agreed and where there are questions as to the allocation of responsibilities, PTC shall properly substantiate, on a case-by-case basis, any situation where it deems that a fault is not due consideration, through tests performed - indicating the respective time and date. In invoices sent by PTC to the beneficiary for improper notifications of faults, the faults in question are to be identified, allowing identification of repair requests as considered in this invoice. To this purpose, PTC is required to submit a proposal to the beneficiary within a period of 15 working days following notification of the final decision, whereas beneficiaries are required to submit any comments to PTC within 10 working days following receipt of PTC's proposal. PTC is to include the adopted solution in the relevant offers within 40 working days following notification of the final decision and shall take such comments as are submitted by the beneficiaries into account, providing reasoning where it does not see fit to consider such comments.