AMTQT starts by referring that ANACOM is aware of the existence of the community broadband network of Terra Quente Transmontana as from the public consultation on the use of infrastructures existing in the scope of «rural NGN» carried out by the Ministry of Public Works, Transports and Communications.
It adds that it demonstrated willingness to integrate its broadband network in the scope of NGN projects in rural areas. For the purpose, it attached a technical file with: (1) general description of the Community Broadband Network held by Terra Quente Transmontana (CBNTQT), in paper and digital format; (2) information in vector format of pipeline routes; (3) geo-referenced routes in DWG format; (4) backbone routes and local networks in paper and PDF format (letter AMTQT with reference No. 727, of 24.11.2012).
It adds through its letter No. 375, dated 03.06.2011, it made ANACOM aware of the interest showed by DST in using infrastructures held by AMTQT. In this letter, the Association requested from ANACOM information on whether there were pre-defined technical or financial conditions for access to the network or, if not, some support in the definition of such technical or financial conditions, respective rights and obligations, as well as the definition of mechanisms for reviewing conditions to be established.
In the scope of this request, it adds that ANACOM1 replied in 2011 that “AMTQT's involvement in the scope of the project of Rural NGN (in the North area) will only be possible where its network is somehow integrated with the network which DSTelecom is bound to install, thus an agreement between these two bodies is required, DSTelecom remaining responsible vis-à-vis the Portuguese State for compliance with its proposal. On the basis of this assumption, AMTQT's network must comply with the same requirements as the network proposed by DSTelecom. As such, this company is best qualified to provide information on technical and financial conditions applicable and to be complied with.»
AMTQT stated that, by letter No. 293 of 16.05.2012, it informed ANACOM of the approval given to the request made by DST for provision of access to infrastructures suitable for accommodation of fibre optic.
It concludes that, given communications indicated above, AMTQT always believed that most information now requested would already have been supplied to ANACOM, and thus points a) and c) of article 17 and points a) and b) of paragraph 2 of article 96 and paragraph 1 of article 19 of DL No. 123/2009 would have been met.
However, as requested, it provided the following elements:
- General description of CBNTQT, in digital format;
- Vector format of pipeline routes;
- Geo-referenced routes in DWG format;
- Backbone routes and local networks in PDF format;
- Detailed calculation map of costs involved as defined in paragraph 1 of DL No. 123/2009;
- Minute of the pipeline lease contract concluded with DST on 30.01.2013;
- Pipeline lease contract concluded with REFER Telecom.
It was also clarified that:
- Except for a few urban routes that are held by Municipalities and which were assigned for integration in the CBNTQT2, this network is owned by AMTQT;
- AMTQT is not provided with a manual of procedures and general conditions for access to and use of CBNTQT potential features, and only conditions for lease of pipelines have been defined.
Later, in response to concerns on an item concerning loans, the scope of which was not completely clear, and which represented an important portion of total costs presented, ANACOM requested, by fax dated 14.01.2014, that AMTQT provided information on the following issues:
- Amount of the demanded loan and the date on which it was taken;
- Loan period and associated APR (annual percentage rate of charge);
- Whether this loan concerned the whole CBNTQT project or only the construction (of pipelines);
- What the amount presented as loan specifically represented, namely whether it consisted in the loan amount or in charges incurred up to 2012 with interest rates and other charges, duly justifying this value;
- What costs were incurred in with the loan so far, as regards (i) interest rates, (ii) depreciations and (iii) other charges;
- Whether there are clauses in the loan contract that penalise early redemptions, indicating in detail the conditions included in such clauses;
- Whether costs presented in the table included in Annex to the letter dated 30 May 2013 correspond to the full costs of construction, maintenance, repair and improvement of CBNTQT pipes.
AMTQT replied to the ANACOM’s request for information on 31.01.2014.
