In providing supervision and oversight of the sector, it is incumbent upon ICP-ANACOM to ensure compliance with the obligations of US, and also to ensure the application and enforcement of laws, regulations and technical requirements within the scope of its powers and responsibilities. ICP-ANACOM is also responsible for ensuring that communications operators are compliant with the provisions of the titles under which they are authorised to engage in activity or with the provisions of concession contracts, and for ensuring compliance with the general authorisation 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 may require providers to change and/or correct their behaviour. As a rule, having detected irregularities, the services of this Authority 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. Such occurred on 19 May 2011, when ICP-ANACOM ordered the prohibition of commercial practices which, in any way, may instil the perception in consumers that if they want to continue to receive free-to-air channels (RTP 1, RTP 2, SIC and TVI and RTP Azores and RTP Madeira in the respective Autonomous Regions), they will need to subscribe to a paid service. This determination was directed at the providers of the television signal distribution service, as well as agents marketing and/or selling these services.
On 26 May 2011, ICP-ANACOM ordered PTC to immediately correct the information which it was providing on the allocation of subsidies for the acquisition of DTT reception equipment by citizens with special needs and by disadvantaged population groups and institutions of proven social value, as well as information on the reimbursement available on equipment and its installation in areas served by satellite reception. Recommendations are made in situations where the regulator considers that there are grounds for giving providers guidance on behaviour.
Clarifications/positions are issued to the market when the regulator sees a need to clarify its position on given issues, explaining its views to the market, and so increasing visibility with respect to regulatory action. Along such lines, on 21 January 2011, ICP-ANACOM set out its position on the application of compensation provided for under the Regulamento da Portabilidade (Portability Regulation - Regulation no. 87/2009, amending Regulation no. 58/2005 of 18 August). Following uncertainties expressed by mobile operators and VAS providers regarding a prior position, in 2011 ICP-ANACOM made it clear that the obligation of blocking access to value-added services based on message sending, as established in paragraph 3 of article 45 of the LCE, applies to all prevailing contracts concluded with companies offering public communications networks and publicly available electronic communication services which support the provision of message-based value-added services1.
Clarifications were also issued regarding the taxa municipal de direitos de passagem (municipal fee for rights of way - TMDP). By circular notice sent in June 2011 to undertakings providing publicly available electronic communication networks and services at a fixed location, ICP-ANACOM drew attention to the fact that Decree-Law no. 123/2009 of 21 May, as amended by Decree-Law no. 258/2009 of 25 September, clarified the legal regime governing TMDP; as such, ICP-ANACOM made clear that ''for the use and enjoyment of property of the municipal public and private domain, comprising the construction of installation of infrastructure suitable for the accommodation of electronic communications networks by undertakings providing publicly available electronic communications networks and services, the TMDP (municipal fee for rights of way) is payable pursuant to article 106 of Lei das Comunicações Eletrónicas (Electronic Communications Law), as approved by Law No. 5/2004 of 10 February. No other fees, charges or payments are permitted in respect of the use and enjoyment of the property of the municipal public and private domain''. On this occasion, it was also recalled that, as is clear from Regulation no. 38/2004 of 29 September2, "all companies subject to the TMDP (municipal fee for rights of way) shall inform ICP-ANACOM of the date from which they are subject to such fees and by reference to the municipalities covered", and shall "conduct annual audits performed by independent entities previously accepted" by this Authority ''which demonstrate conformity of the procedures adopted in light of Law no. 5/2004 and the present Regulation and which guarantee the validation of information''3.
In this context, and so that ICP-ANACOM could update the information provided on its website, the companies were asked to provide the information referenced in the preceding paragraph, where they had not already done so. The information received remains under analysis, while additional elements and responses are being compiled where warranted.
On 22 December 2011, exercising the powers assigned to it under Regulation no. 38/2004, published on 29 September, ICP-ANACOM decided to accept the auditors selected by Cabovisão - Televisão por Cabo, S.A., by Claranet Portugal - Telecomunicações, S.A,, by OniTelecom - Infocomunicações, S.A., by Optimus - Comunicações, S.A., by ZON TV Cabo Açoreana, S.A. by ZON TV Cabo Portugal, S.A. and by ZON TV Cabo Madeirense, S.A., for the purposes of conducting audits, in compliance with the regime established under article 6 of Regulation no. 38/2004 of 29 September (TMDP - municipal fee for rights of way).
1 Determination available at: Applicability of the obligation of selective barring of communications with regard to contracts agreed prior to the entry into force of Law no. 51/2011https://www.anacom.pt/render.jsp?contentId=1112466.
2 Regulation which establishes the procedures for collection and delivery to municipalities of the Taxa Municipal de Direitos de Passagem (Municipal Rights of Way Fee).
3 Article 6, paragraph 1.
