Settlement of dispute between PTC and Tele2 in the scope of the RUO


By determination of 16 April 2008, ANACOM has approved a final decision on the administrative settlement of a dispute between PT Comunicações (PTC) and Telemilénio - Telecomunicações (Tele2) concerning the failure to pay power consumption bills in the scope of the reference unbundling offer (RUO).

Pursuant to this decision, PTC's application for dispute settlement, submitted under article 10 of Law no. 5/2004, of 10 February (ECL) was rejected, on account of the expiry of the time-limit to request ANACOM's intervention.

Moreover, it was clarified that point 4.2.3, b) of Annex 14 of the RUO defines prices to be paid by other licensed operators (OLO) for con-installation services provided by PTC, irrespective of when equipment is installed and connected. Parties are entitled to enter into agreements on other conditions, which namely establish that amounts for power consumption, calculated on the basis of the formula provided for in the RUO, are due only after the co-installation service provision has started. In this case, parties must lay down the necessary conditions to render the agreement operational, namely those conditions that enable PTC to know the effective date as from which the collection of these amounts is due.

This decision also approved the report on the prior hearing of interested parties to which the corresponding draft decision, adopted on 31 October 2007, was submitted.


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