By determination of 30 July 2010, ANACOM has given approval to the final decision in respect of the process of settling the dispute brought by Radiomóvel under the Electronic Communications Law, in which the applicant seeks to obtain access or interconnection of its network with the networks of PT Comunicações (PTC), Sonaecom, TMN and Vodafone Portugal (Vodafone).
Likewise, approval was given to the report of the prior hearing of interested parties to which the corresponding draft decision was submitted, affirmed by determination of 14 May 2010.
Considering the request presented by Radiomóvel and examining all the facts thereof, ANACOM takes the position that, pursuant to the current regulatory framework and having regard in particular to article 22 of the LCE, Radiomóvel, as operator of the mobile trunking service providing a publicly available electronic communications service, has a right to negotiate interconnection with and obtain access to or interconnection with other undertakings offering publicly available electronic communications services.
In parallel and in compliance with legal and regulatory obligations that are imposed thereon pursuant to article 64, paragraph 2, and article 66 of the LCE, PTC, TMN, Sonaecom and Vodafone are required to meet reasonable requests for interconnection of the mobile network of Radiomóvel with the fixed, mobile and nomadic networks which are in their possession, in full observance of the obligations that were imposed in respect of the market analysis procedures and in particular the obligation to respond to reasonable requests for access and the obligation of non-discrimination.
As such, it was concluded that PTC, TMN, Vodafone and Sonaecom are bound, within a period of not more than 90 consecutive days, to notify ANACOM as to the conclusion of interconnection agreements necessary to ensure the right of Radiomóvel to obtain access or interconnection.
Consult:
- Dispute between Radiomóvel and PTC, Sonaecom, TMN and Vodafone https://www.anacom.pt/render.jsp?contentId=1040973
