Approval has been given, by determination of 10 May to the launch of a public consultation on the amendment of the Selection and Pre-Selection Regulation (Regulation no. 1/2006, published on 9 January) and the respective statement of reasons.
The draft amendment of the regulation has two main objectives. The first objective is to reinforce the concept that the contractual relationship between pre-selection providers and their clients shall remain privileged, and that the direct access provider shall not intervene in such relationships. Accordingly, it specifically sets out that the direct access provider shall neither accept nor handle requests for the amendment or termination of indirect access contracts, which requests shall be made directly to the pre-selection provider. The direct access provider shall inform subscribers that approach them for such purposes accordingly and may not perform the deactivation of pre-selection services where such deactivation does not follow a request made by the pre-selection provider, as set out in the Regulation.
Secondly, the draft amendment aims to instil greater responsibility on the part of providers, both mutually in the implementation of pre-selection processes and with respect to subscribers, above all in their obligation to comply with the deadlines stipulated in the Regulation. This greater responsibility is instilled through the setting of pecuniary compensation, due either among providers or to the benefit of subscribers, and further in the establishment of obligations with regard to the provision of information to subscribers.
This amendment is subject to the regulatory procedure set out in article 11 of the Statutes of ANACOM and also to the general consultation procedure pursuant to article 8 of the Electronic Communications Law. A period of 30 working days has been set for comments in the context of both procedures. Accordingly comments should be sent, preferably by email to regulamento.sps@anacom.pt, no later than 26 July 2007.
Once the consultation process is concluded, comments received will be published; therefore interested parties should clearly mark anything which they consider to be confidential.
Consult:
- Draft amendment to the Selection and Pre-Selection Regulation (consultation) https://www.anacom.pt/render.jsp?contentId=483605
