2.1. Protection consumer and user rights

The relevant points relating to the protection of consumer and user rights follow:

a) The handling of communications services complaints - a large number of complaints were handled by the ICP from consumers regarding service providers. There were 115% more complaints, in absolute terms, in 2001, than in the previous year. 

Table 10
 

The largest number of complaints concerned audiotext and fixed telephone services (FTS). Most complaints regarding FTS had to do with questions about pre-selection, invoicing, repairing malfunctions and contracts. Complaints about postal services concern the mishandling of packages.
 

Table 11
 

b) The handling of interference-related complaints - complaints relating to interference in analogue television reception saw a significant drop - 40% - in 2001. This was primarily due to new cable television clients. Only a quarter of the complaints were confirmed cases of interference, while the remainder were not considered true interference but improperly installed equipment.

Table 12
 

c) Limiting the population's exposure to electromagnetic fields (OHz-300GHz) - the problem of non-ionised electromagnetic radiation exposure received special attention, as the ICP adopted the levels fixed by the European Union in Recommendation of the Council 1999/519/EC of 12 July 1999, applicable to all radio communications stations.

The year 2001 also saw a rise in general public concern over the installation of radio communications station antennae, particularly for mobile telephone services. There were 101 such requests in 2001 (versus 7 in 2000); this implied inspecting each location to guarantee that the adopted levels were met. Some 85 station evaluations were carried out, and the levels were at least 50 times less than those set as reference by the EU Recommendation for the power flux density. There were only two cases where operators were called to make some installation changes, which they responded to.

Table 13
 

As part of an ICP proposal, an agreement was reached to create an inter-ministry team, composed of representatives from the Health Ministry, (who will lead the team) the Infrastructure Ministry, the Economy Ministry and the Science and Technology Ministry. This decision was made through Joint Order no. 8/2002, signed by the respective ministers on 27 November 2001. The team will be responsible for analysing Recommendation of the Council no. 1999/519/EC, of 12 July 1999, and will propose a set of basic restrictions to follow and put together and propose concrete actions.

d) Audiotext services call barring - starting on 25 August 2001, based on Decree-Law no. 95/2001 of 20 August, audiotext services were barred as a rule. The new law obliged support service providers, normally fixed telephone service (FTS) providers, to block all audiotext calls; the service can only be activated, generically or selectively, if the client presents a formal request to do so. The only exception to this rule is for televoting audiotext services (607 prefix). This service is automatically provided when the contract between the user and the service provider begins. Also, the penalty for failing to comply with this rule was increased.

e) Maximum financial guaranty demanded by fixed telephone service (FTS) providers - after consulting with FTS providers, the ICP approved a PTE 9,000 (nine thousand escudos) maximum guaranty to be demanded by FTS providers in case of reconnection following interruption of service for clients who fail to comply with their contract. This fee was established as a result of Decree-Law no. 195/99 of 8 June, which set guidelines for these types of guaranties to be charged by essential public services providers;

f) There is constant contact with consumer associations, namely with DECO under terms of the protocol established in 2000 and with the Instituto do Consumidor (Consumer Institute), in sectorial matters involving the protection of consumers rights.