By determination of 23 January 2011, and taking into account issues mentioned above, the Management Board approved a draft decision on the use of the term “unlimited” by electronic communications service providers.
The referred draft decision was submitted to the general consultation procedure (article 8 of ECL) and prior hearing procedure (article 100 et seq. of the Administrative Procedure Code), in the scope of which timely responses were received from the following bodies:
- Cabovisão - Televisão por Cabo, S. A. (hereinafter, «CABOVISÃO») and Onitelecom - Infocomunicações, S.A (hereinafter «ONITELECOM»);
- Portugal Telecom, S.G.P.S., S. A. (hereinafter, «GRUPO PT»);
- Vodafone Portugal – Comunicações Pessoais, S.A (hereinafter «VODAFONE»); and
- Optimus - Comunicações, S.A, ZON TV Cabo Portugal, S.A, ZON TV Cabo Madeirense, S.A and ZON TV Cabo Açoreana, S.A (hereinafter jointly referred to as “ZON OPTIMUS”).
A consultation report was drafted, which integrates this decision and includes a summary of positions taken, as well as ICP - ANACOM's views thereon.
The report substantiates this decision, and justifies the amendments that ICP - ANACOM considered appropriate to include and which had not been laid out in the draft decision, namely: (i) the mandatory nature of the express reference, in the offer conditions, to the exceptional nature of restrictive measures that may be adopted (amendment to point 1.3) and (ii) the establishment of a 90-day time-limit as from the notification of the decision, for the implementation of measures required to comply with determinations set out (new point 2).
