10. Analysed retail offers

On 12 November 2012, PTC presented ICP-ANACOM with a proposal to amend the tariff for communications to direct customers of other service providers (PTC-OSP), as due to enter into force on 1 January 2013 (inter-network tariff), following a proposed change in the base tariff of the telephone service at a fixed location within the scope of the US.

PTC's tariff proposal consisted of an increase in the price of communication in peak times for Tariff Group 2¹, from 0.0371 euros per minute to 0.0376 euros, which represents an increase of approximately 1.3%. PTC has indicated that this increase stems from the difference observed between the average prices for call termination on PTC's network and on OSP networks. PTC has not proposed any change for tariff group 1.

Source: PTC. Values excluding VAT.

Source: PTC. Values excluding VAT.

The methodology adopted by ICP-ANACOM to ensure compliance of the PTC-OSP tariff is based on the valuation of the components associated with the termination prices applicable on PTC's network, termination prices applicable on OSP networks and PTC's intra-network price, where each component of the indicated calculation refers to the average price per call using global PTC-OSP traffic profiles, according to the rule defined in the determination of 14 December 2004 concerning retail narrowband markets; this determination established that "prices of calls originated on PT's network and terminated on networks of other fixed telephone service (FTS) providers should be identical to prices charged for calls originated and terminated on PT's network, although these prices may be adjusted by the duly justified and quantified difference between the cost of termination of calls on PT's network and the cost of termination of calls on the network of each FTS provider."

Following the analysis performed, ICP-ANACOM concluded that the amendments proposed by PTC represented an average increase of approximately 0.7% for tariff group 2 and maintenance of the average price per call for tariff group 1. As such, the average price per call resulting from the tariffs proposed by PTC saw no significant deviations compared to that resulting from the application of the defined rule, and is even slightly lower.

In this context, ICP-ANACOM concluded that the tariff group 2 proposed by PTC would be in accordance with applicable obligations. As regards tariff group 1, it was concluded that the proposal presented by PTC consists of a tariff equal to that practiced by PTC for intra-network calls, whereby it was in compliance with the applicable obligations.

Concurrently, ICP-ANACOM concluded that the tariff group 2 proposed by PTC was compliant, so that, by determination of 29 November 2012, it approved the tariff in question.