At the core of ICP-ANACOM's work is a wide range of ongoing activities which are crucial to the proper performance of its mission. Since these tasks entail a sizable allocation of time, as well as human and financial resources, it is fitting that they are described in this Plan.
These activities are detailed below, grouped according to the strategic priorities defined for the 2015-2017 three-year period.
Strategic Priority 1: Assure and protect the interests of users and citizens
- Distribute information to consumers
In principle, keeping consumers informed is a way of ensuring that they are able to make appropriate choices, responding to their needs and upholding their rights and interests when dealing with service providers. Accordingly, ICP-ANACOM regularly publishes information on a range of subjects related to the sector: new products and services, tariffs, sector legislation, ICP-ANACOM determinations, data on services, data on complaints, etc.
This information is released to the public through ANACOM's institutional website (www.anacom.pthttps://www.anacom.pt/render.jsp?categoryId=2958) and through its Consumers' Website (www.consumidor-anacom.pthttps://www.anacom-consumidor.pt/), created specifically to enhance ICP-ANACOM relationship with the consumer-public. With this goal, the Consumers' Website has been improved in terms of content and graphics, and will continue to be enriched with information and features that are useful for consumers, making it possible for them to interact with the regulator more easily and more quickly.
- Respond to complaints and enquiries from consumers
Besides the information it makes public generally, ICP-ANACOM also provides specific information to individual consumers upon request. It receives tens of thousands of requests every year, including complaints and requests for information about the sector (more than 60 thousand in 2013); all of these are analyzed, classified and answered. ICP-ANACOM's target is to provide responses to 95 percent of the requests addressed to it during the year. In this way, ICP-ANACOM is contributing to the resolution of many of the problems that consumers face when situations that give rise to complaints fall within the remit of this Authority. Where matters otherwise fall outside ICP-ANACOM's remit, a response is still given to all consumers, to inform them of their rights and give them information about which entity is best placed to help them resolve the problem they have reported.
Reports on the complaints received by ICP-ANACOM are produced on a regular basis, detailing trends and giving information about which sectors, services and operators are most commonly cited in complaints. Given that the information they contain is essential when consumers are choosing between services and operators, these reports are published.
Whenever analysis of complaints gives indication of non-compliance, processes are submitted to investigation and may even be referred directly to litigation when there is evidence that an offence has been committed. The analysis of complaints may also result in regulatory measures being drawn up to put an end to inappropriate practices.
- Monitor information disclosed by service providers
ICP-ANACOM monitors the information which providers disclose to consumers, in order to ascertain whether it complies with sector legislation and with the determinations of ICP-ANACOM, thereby, safeguarding consumer rights. It also periodically reviews provider contracts to check that the respective clauses comply with legal requirements and obligations of disclosure and transparency.
- Conduct studies on the sector
ICP-ANACOM regularly conducts studies on the electronic communications and postal sectors. In many cases, these studies make comparisons with situations internationally, providing ICP-ANACOM with thorough knowledge of the regulatory situation compared to other countries. From this point of view, studies serve as an important tool in support of ICP-ANACOM's regulatory activity and decision-making process.
Strategic Priority 2: Promote open and competitive markets
- Grant and revoke licenses for the exercise of activities, allocate numbering and frequencies
Pursuit of activity in the electronic communications sector is subject to the general authorisation regime. In the postal sector, although in some cases access to the activity is subject to licensing, it is also ICP-ANACOM who is responsible for issuing these licences.
Also in cases where exercise of the activity involves the use of numbering resources, these are allocated by ICP-ANACOM, just as it is responsible, when applicable, for allocation of rights of use of frequencies.
At the request of operators or upon its own initiative, in the event of confirmed non-compliance with their provisions, ICP-ANACOM has powers to revoke issued titles.
- Verify compliance with obligations and instigate breach proceedings
As part of its supervisory activity, ICP-ANACOM is responsible for enforcing compliance with the prevailing regulatory framework, sector legislation and with its own determinations, as well as compliance with the obligations associated with allocated rights of use of frequencies and titles governing exercise of provider activities. ICP-ANACOM also oversees the conditions associated with the operation of networks and provision of services.
When it detects prohibited practice, the processes are referred to litigation with the goal of punishing the offender and correcting the behaviour in question.
- Compile and disseminate statistical information about the communications sector, to evaluate market trends and support decision-making
ICP-ANACOM regularly compiles and analyses a wide range of statistical information on the sector, thereby obtaining detailed understanding of the market and enabling quality decision-making. These analyses are then published, enhancing transparency and ensuring that all stakeholders have access to information that may be relevant in defining their strategies and market positioning.
With the statistical information it compiles, ICP-ANACOM prepares and publishes an annual report on the status of the communications sector, which provides a highly detailed snapshot of the sector, as well as a set of regular quarterly reports.
Strategic Priority 3: Ensure the efficient management of public resources
- Management and allocation of numbering resources
ICP-ANACOM is responsible for managing the PNN - Plano Nacional de Numeração (National numbering plan), according to principles of transparency, efficiency, equality and non-discrimination. It is also called on to define the conditions governing the allocation and use of national numbering resources and to allocate these resources according to objective, transparent and non-discriminatory procedures.
Use of numbering is subject to the allocation of rights of use; these may be allocated to companies providing publicly available electronic communications networks and services and also to companies which make use of these networks or services.
In the management of numbering resources, ICP-ANACOM may recover allocated numbering in the event that allocation conditions are not respected.
- Licensing of telecommunications networks and stations
ICP-ANACOM issues station and network licences for the different radiocommunications services, which, in practical terms, is equivalent to authorising the operation of those networks and stations; as such, ICP-ANACOM is responsible for the analysis and processing of the respective licensing procedures, including the assignment of frequencies.
- Laboratory activities
ICP-ANACOM undertakes important laboratory work, undertaken at LEC - Laboratório de Ensaios e Calibração (Testing and Calibration Laboratory), which conducts electromagnetic compatibility tests, radioelectric testing and equipment calibration. This area of activity complements ICP-ANACOM's enforcement work, since in many cases equipment seized during investigations needs to be analyzed at the LEC to verify compliance with the technical requirements in force. In addition to its work in support of enforcement activities, LEC performs work for third parties.
Strategic Priority 4: Promote institutional and technical cooperation
- Cooperate with national entities
Fulfilment of ICP-ANACOM's remit entails, in many areas, the need for cooperation with other authorities and organisations from Portugal and abroad. At a national level, ICP-ANACOM cooperates frequently with other national regulatory authorities, especially with AdC - Autoridade da Concorrência (Portuguese Competition Authority) and ERC - Entidade Reguladora para a Comunicação Social (Media Regulatory Authority). When these entities work on issues that require the opinion of the sector regulator, ICP-ANACOM is called on to give such opinions. ICP-ANACOM also works in collaboration with the Assembleia da República (Assembly of the Republic), offering information and providing explanations upon request.
ICP-ANACOM's work also involves frequent cooperation with Direcção-Geral do Consumidor (Directorate General for the Consumer) and consumer organisations, as well as organisations involved in spectrum management for aeronautical purposes, the armed forces and national security.
- Cooperate with international entities
In addition to the cooperation of a strategic nature outlined above, focusing on priority areas of its activity, specifically cooperation with the European Union and PALOP countries, ICP-ANACOM also maintains important relations with regulators and regulator associations in other geographical areas. The aim of this cooperation is to exchange knowledge and experiences which might enrich regulatory practice in the countries involved, in electronic communications and in the postal sector.
Strategic Priority 5: Promote effectiveness and internal efficiency
- Continuously modify procedures, de-materialise processes and expand range of services provided online
With the objective of becoming more efficient, agile and quick to respond to enquiries, ICP-ANACOM seeks continuously to improve the way it works, simplifying procedures, reducing the bureaucratic burden associated with many tasks and de-materialising processes. In its relations with third parties, consumers and providers, ICP-ANACOM seeks, wherever possible, to facilitate interaction, making services available online whenever deemed appropriate.
- Promote excellence in human resources
ICP-ANACOM has a policy of adding value to its human resources based on the development of competencies. For this purpose, ICP-ANACOM is engaged in a range of different human resource management processes, including performance evaluation and internal mobility.
