Autoridade Nacional de Comunicações (ANACOM) is a legal person governed by public law, construed as an independent administrative entity with administrative, financial and managerial autonomy and its own assets.
ANACOM has as its mission the regulation of the electronic and postal communications sector, and, without prejudice to its nature, the provision of assistance to the Government in this area under the terms of its present Statutes and under the law. In the accomplishment of its mission, ANACOM has sought to promote conditions which are favourable to the further openness of markets, in terms of stronger competition and expanding the range of choice available to end-users in line with their future and current needs.
The aim of regulation is to promote the proper functioning of markets, providing adequate fulfilment of consumer needs, in terms of diversity of offers and products, pricing and quality of service.
In pursuit of its activity, and in accordance with the law, it is incumbent upon ANACOM to control the exercise of positions of market dominance and monopolies, to promote competition and safeguard the rights and interests of consumers and other end-users. Consumer protection has been an area of growing intervention, with demands for increasing regulator involvement, not only in terms of ensuring the dissemination of information to consumers, but also in terms of complaints received in the sector and promoting alternative mechanisms for the mediation and resolution of consumer disputes.
The management of the radio spectrum is a fundamental task of the State in electronic communications markets, both in the exercise of regulatory functions and in terms of the management of public assets. In this sense, spectrum management remains a critical area of ANACOM's work, and it must take into account the significant change in the way spectrum is being used, with the continuous development of new networks and services and increased choice for users. ANACOM's consistent activity in the context of the spectrum is designed to contribute to increased competition in markets - ensuring the flexibility which network operators and electronic communications service providers require if they to adapt quickly to the technological change which characterises the sector and so that they can adopt new business models which fit the needs of their users - and, in parallel, increase sustained investment.
Also in the context of managing scarce public resources, ANACOM continues to promote the establishment of conducive conditions, in its management of the use of numbering, providing for the update of the main elements of the PNN - Plano Nacional de Numeração (National Numbering Plan).
The prevailing EU regulatory framework has given competent national regulatory authorities responsibilities with regard to the reliability and security of networks; as such ANACOM has been working extensively with a view to the adoption of appropriate measures to safeguard the security of electronic communication networks and services. This work is to be continued and consolidated with a process of security auditing, surveys of infrastructure suitable for carrying telecommunications networks and the activity of the notification reporting centre.
ANACOM also exercises important work in terms of market supervision and surveillance. ANACOM is responsible for enforcing compliance with laws and regulations, its own decisions, technical requirements and activity qualifying titles, as well as the obligations which are binding upon universal service providers. ANACOM also compiles and processes statistics which it disseminates on the electronic communications and postal sectors.
ANACOM's functions also include representation of the Portuguese State at various international bodies and organisations, and technical representation in countries outside the European Union (EU) and at various groupings of communications regulators, in pursuit of knowledge-sharing and the exchange of experience.
In this context, it is important to highlight the active role that ANACOM seeks to play, as part of its active participation in BEREC, in terms of negotiating the new regulatory framework for the electronic communications sector, as a crucial factor in the sector's future.
Finally, note should be made of ANACOM's work advising the Government. Under the terms of the law, ANACOM advises and assists the Government, upon its own initiative or upon the request of the Executive, in the definition of general policy for the communications sector and in the formulation of major strategy.
To carry out its mission successfully, ANACOM continually seeks to improve its performance and the quality of its decision-making. To be more agile, more efficient, to have the ability to anticipate developments facing the sector in the future, so that the regulatory process is faster and is capable of keeping up with the rapid evolution of regulated markets - these are challenges that ANACOM faces on a daily basis.
ANACOM considers it essential to ensure a stable regulatory framework and predictability in decision-making, so that operators and service providers are able to develop and pursue their businesses and investments without fear of unwarranted regulatory disruption, in an environment conducive to innovation.
In exercising its powers, ANACOM seeks to deliver regulation that is proportionate, rigorous and as non-intrusive as possible, intervening only as necessary to remedy market failures and distortions to healthy competition or to safeguard end-user interests, the integrity and security of networks and electronic communications services and access to emergency communications.
Considering the impact that its decisions have on the sector's various participants and stakeholders - consumers and businesses - ANACOM always seeks to announce its draft decisions as early as possible and always seeks input from stakeholders, by submitting all decisions that have external impact to public consultation procedures. This procedure is used to accomplish the principle of transparency, a fundamental pillar of ANACOM's regulation.
