Amendment to the Selection and Pre-Selection Regulation has been approved


By determination of 13 September 2007, approval was granted to the Amending Regulation to the Selection and Pre-Selection Regulation (Regulation no. 1/2006, published on 9 January), with the specific purpose of avoiding any doubts on the part of subscribers as regards the pre-selection termination procedure.

The approved amendments aim, on the one hand, to stress the position that the contractual relationship between pre-selected providers and subscribers, in which the direct access provider takes no part, must be privileged. Accordingly, the following obligations upon the direct access provider have been specified: the company must not accept nor handle requests for alteration or termination of indirect access contracts, which must be submitted directly to the pre-selected provider; the referred provider must also inform of this fact subscribers who contact it for that purpose. Additionally, as the Regulation already provides, the direct access provider is not entitled to deactivate pre-selection unless it is based on a previous request placed by the pre-selected provider.

On the other hand, this amendment aims also to achieve better accountability of providers, both among themselves, in the scope of the implementation of pre-selection procedures, and also towards subscribers, especially as regards meeting deadlines laid down in the Regulation, accountability which is expressed by means of monetary compensations, between providers and to subscribers, and the establishment of obligations to provide information to subscribers.

This Amending Regulation shall be published in the Official Gazette, II Series, according to the regulatory procedure defined in the statutes of ANACOM.

This determination integrates the final report of the consultation to which that instrument was subject, following determination of 10 May 2007, stating grounds for ANACOM's options and analysing replies received within the established time limit from the following entities: Colt Telecom, Fenacoop, G9, OniTelecom, PT Comunicações, Sonaecom, Tele2, UGC and Vodafone Portugal.


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