Therefore, in order to fulfil tasks conferred on ICP - ANACOM under paragraph 1 h) of article 6 and pursuant to article 9 g) of the Statutes, approved in annex to Decree-Law No. 309/2001, of 7 December, in the pursuit of regulatory objectives provided for in paragraphs 1 a) and c), 2, and 4 b) and d) of article 5 of Law No. 5/2004, of 10 February, as amended by Law No. 51/2011, of 13 September, and in order to ensure compliance with paragraph 1 of article 47 of the referred law, as well as with paragraph 2 b) of the same article, the Management Board of ANACOM hereby determines:
1. To order electronic communications service providers to:
1.1. Use only the terms “unlimited traffic” or “unlimited calls/SMS” to qualify electronic communications services that are effectively provided “without limits” or “without restrictions” for the whole term of the contract. This determination applies to any situation where there are terms likely to mislead users into the same conclusion as regards their meaning, such as “without limits”, “without restrictions” (as to the classification of offers), “infinite” or “absolute” (as to the classification of traffic/calls/SMS).
1.2. Refrain from qualifying offers as “unlimited traffic” or “unlimited calls/SMS” or by using any other term in the sense referred in 1.1., where the use of services is constrained after certain limits have been reached, except where such restriction is determined by exceptional circumstances in compliance with provisions in ECL.
1.3. Provide in the respective offer conditions, clear and transparent information on any restrictive or traffic-constraining measures, whose exceptional nature must be expressly mentioned, that may be applied - namely indicating their repercussions in the quality of service provided - which in offers of an “unlimited traffic”, “unlimited calls/SMS”, or known by any other term in the sense refers in 1.1,
a) May only lead to service limitations where they are justified by exceptional circumstances, clearly characterised and substantiated, with the purpose of avoiding the overfilling of a network link;
b) Must, at all times, be (i) adequate and proportional to the objective pursued, as regards the measure on its own, and the respective duration, and normal conditions must be resumed as soon as such circumstances are over; and must also be (ii) equitable, in the way different users with the same tariff/package are treated.
2. Companies providing electronic communications networks and publicly available electronic communications services must implement measures required to comply with determinations set out in this decision within 90 days from notification thereof.
