According to LLRO, "PTC must settle payments related to compensation for non-compliance with time-limits no later than one month after reception of a valid notification submitted by the OSP. This notification must be presented within at the most three months from occurrences concerned".
This situation requires the OSP to take the initiative to request compensation.
This matter has already been dealt with in the scope of RUO and RCAO, having ICP-ANACOM considered that the pro-active payment of compensation by PTC, without there being a need for OSP to claim for compensation and to prove its right to it, would contribute to improve the compensation payment process, and encourage compliance with objectives laid down.
A measure of this type can reinforce incentives on the part of PTC for compliance with quality of service objectives that have been established and for paying to OSP, rapidly and without administrative or procedural difficulties, the compensation to which they are entitled in case of non-compliance, and as such it should be extended to LLRO.
ICP-ANACOM takes the view that a mechanism should also be implemented, associated to this measure, that allows the reconciliation of values and data on compensation to be paid, which already exists in other wholesale offers as well as in invoicing procedures. In the scope of this mechanism, and in line with the decision on procedures to be complied with for assessing the quality of service of regulated wholesale offers, it is deemed that PTC must submit to beneficiaries the range of situations taken into account in the analyses of indicators for calculating compensation.
D 6. PTC must introduce in LLRO the obligation to pay, on its own initiative, any compensation for failure to comply with established quality of service objectives, by the end of the second month following the end of the half-year period concerned, without prejudice to a subsequent reassessment and adjustment in case different amounts have been established by the OSP. The LLRO shall also include a mechanism for the reconciliation of OSP data and PTC data. Moreover, PTC must submit to beneficiaries the range of situations taken into account in the analyses of indicators for calculating compensation.
