Having weighted findings and the analysis undertaken, and in the pursue of powers provided for in points b) and g) of paragraph 1 of article 8 of Statutes in annex to Decree-Law No. 39/2015, of 16 March, ANACOM's Management Board, in the exercise of competences conferred by paragraph 3 of article 19 of DL No. 123/2009, of 21 May, as amended by Decree-Law No. 258/2009, of 25 September, Law No. 47/2013, of 10 July and Law No. 82-B/2014, of 31 December, decides, pursuant to point q) of paragraph 1 of article 26 of ANACOM's Statutes:
1. Not to examine the application submitted by DST, in the part where the company requests ANACOM to determine the alteration of contractual conditions agreed for access to infrastructures held by AMTQT, as this Authority considers not to have competency to assess the matter for the reasons described above, and to rule only on the adequacy of the remuneration requested from AMTQT to DST for the use of infrastructures suitable for the accommodation of electronic communications networks of which it is the owner, in the light of the principle of cost-orientation of prices laid down in paragraph 1 of article 19 of DL No. 123/2009.
2. To consider that the remuneration requested by AMTQT from DST for access to infrastructures suitable for accommodation of fibre optic shows no evidence of not being cost-oriented or of being discriminatory.
