Undue terminations of pre-selection services - complaint of PTC


ANACOM has rejected a complaint in respect of its determination of 8 March 2007 on ''Undue terminations by PT Comunicações of pre-selection services''. The complaint was presented by this company on 4 April 2007.

The decision that ANACOM has adopted to reject the complaint was ratified by determination of 24 May 2007 with the following grounds:

  • In respect of the express wish for termination of pre-selection, manifested by the legal clients of Tele2, in cases where this company receives such requests, irrespective of their origin, and does not follow up on such requests, it is considered that this issue was duly clarified in the draft decision of 10 May 2007 on the imposition of specific obligations on PTC and Tele2 within the scope of pre-selection.
     
  • In respect of the change of provider, where the pre-selection provider does not follow up a request for pre-selection termination presented by the subscriber, it is the regulatory authority that is empowered to enforce compliance with the obligations of providers and adopt suitable measures for this purpose, including sanctions, in order that the interests of consumers remain protected, as has occurred in the area concerned.
     
  • In respect of the procedure which PTC is bound to adopt with regards to the requests for termination which are sent to them by the subscribers of Tele2, it is considered that this issue has been duly clarified in the determination of 8 March 2007 and in the determination of 10 May 2007.

Accordingly, it is decided that the determination of 8 March 2007 is to be maintained in the exact terms as were approved, and to waive the prior hearing of interested parties, under the terms of article 103, paragraph 2, point a) of the Code of Administrative Procedure.


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