2.4. Requirements for the provision of services

As mentioned above, ICP-ANACOM considers the provision of information through directory services as beneficial to the consumer insofar as, via the telephone, it adds to what Internet navigation already offers on some websites dedicated to directories (e.g. www.pai.pthttp://www.pai.pt/, www.portugalio.comhttp://www.portugalio.com/).

However, these information services, being "additional" to directory services, also entail the provision of basic services. Nor would it be possible to ensure complete and non-commercial information to the customer if the supporting databases were not global, "populated" with the details of a service of complete and global directories (names of subscribers of all publicly available telephone services, addresses and telephone numbers).

Accordingly, ICP-ANACOM considers that provision of the information service, as set out in Table 1, and using 18xy numbers, must be based on the requisite of being based on a telephone directory enquiry service of a global and comprehensive nature involving all subscribers of telephone services at a national level. This is also the situation that exists in many countries of the European Union.

In this context, it is noted that under the provisions of the LCE, companies that assign telephone numbers to subscribers are required to fulfil all reasonable requests to supply information relevant to the respective subscribers where requested for the purposes of the offer of publicly available telephone directories and directory enquiry services, in an agreed format and under fair, objective, cost oriented and non-discriminatory conditions, without prejudice to the rules applicable to the protection of personal data and privacy, in particular in the field of electronic communications (article 50, paragraphs 4 and 5), whereas a breach of this obligation is considered a very serious offence ( under article 113, paragraph 3, point s) and paragraph 8).

Additionally, it should be noted that under the terms of recent cross-border dispute resolution decisions in relation to telephone directories¹, ICP-ANACOM, based on Community law, held that, as regards the minimum set of subscriber identification data (name, address and telephone number, including the respective type of use - phone / fax), compliance with the principle of cost orientation means that the operator may only seek remuneration in respect of costs incurred as a result of the actual transmission and provision of data.