III. Determination


Therefore, in the light of the above, the Management Board of ICP-ANACOM, in the pursue of the assignment conferred in paragraph 1 q) of article 6 of its Statutes, published in annex to Decree-Law No 309/2001, of 7 December, and to achieve the regulatory objectives provided for in paragraph 1 of article 5 of Law No 5/2004, of 10 February, as amended by Law No 51/2011, of 13 September, and under article 12 of this Law, hereby determines:

1. To order Cabovisão, in response to the request made to it by EDA in January 2010 and in compliance with paragraph 4 of article 50 of ECL, to present to EDA the conditions under which the company will provide relevant information on its subscribers, for the purpose of the provision of publicly available directory enquiry services and directories.

2. For the purpose of the preceding paragraph, the proposal to be presented must be reasonable, aim for the transmission of relevant information on Cabovisão’ subscribers and observe the format and conditions under which data must be supplied, which must be fair, objective, cost-oriented and non-discriminatory.

3. By virtue of the principle of cost-orientation referred to in the preceding paragraph, Cabovisão may only charge EDA for costs incurred with the actual transmission and provision as regards the following minimum set of subscriber data:

  • Full name;
     
  • Full street address, which corresponds to the installation address in the case of the fixed telephone service;
     
  • Telephone number(s) assigned by Cabovisão or by another provider, received by Cabovisão through portability, and respective type of use - telephone/fax.

4. After the parties have concluded their agreement on data transmission, and before this transmission occurs, the persons in charge of the data processing must notify such transmission to the CNPD, for prior checking purposes, pursuant to Law No 67/98, of 26 October.

5. Cabovisão must submit to ICP-ANACOM, within 20 working days from the date of notification hereof, the proposal submitted to EDA in compliance herewith, as well as the subsequent agreement concluded between the parties.