ANACOM approved, on 31 October 2007, the draft decision on the resolution of a dispute between PT Comunicações (PTC) and Telemilénio - Telecomunicações (Tele2) in respect of the non-payment of invoices for energy consumption during the reference unbundling offer (RUO), presented by PTC under the terms of article 10 of the Electronic Communications Law.
This draft decision sets out the adoption of the following measures:
(i) To deny the request for dispute resolution, given that the period allowed for seeking the intervention of ANACOM had lapsed; and
(ii) To clarify that point 4.2.3 b) of annex 14 of the RUO defines the prices payable by other OLOs (other licensed operators) in exchange for the co-installation services provided by PTC, irrespective of the time of the installation and connection of equipment.
By agreement, the parties may stipulate that the sums in respect of the consumption of energy, calculated according to the formula set forth in the RUO, shall be due from a time after the commencement of the provision of the co-installation service. In such case, the parties shall define the conditions necessary for the functioning of the agreement, specifically in so far as they allow PTC to know the effective date following which such sums may be legitimately charged.
This draft decision was submitted to the prior hearing of interested parties, with a period of 10 working days having been set during which PTC and Tele2 may respond in writing.
Consult:
- RUO - Dispute between PTC and Tele2 on the consumption of energy https://www.anacom.pt/render.jsp?contentId=534859
