By determination of 15 December 2005, approval was granted to the draft decision on restrictive measures against action developed by companies of the PT Group, the holders of significant market power (SMP) in retail markets of access to the public telephone network at a fixed location, designed to win back pre-selected customers.
ANACOM takes the view that there are no grounds to cease the obligation to comply with a withdrawal period, imposed under the determinations dated 17 July 2003 and 14 December, although a reduction of this period to 4 months seems justified. Moreover, this Authority considers that the effectiveness of this measure should be reinforced, by introducing some alterations to its current structure, namely the calculation of the withdrawal period, so that it begins on the moment a pre-selection activation request is received, and not only when the facility is activated, thus being included the period from the presentation of the request till the date the facility is activated.
This determination integrates the report with the summary of replies received on two questionnaires launched on September 2005, aimed at national operators and European regulators, as well as the assessment and conclusions reached thereon by this Authority.
This determination shall be subject to a prior hearing of interested parties, pursuant to articles 100 and 101 of the Code of Administrative Procedure, as well as to the general consultation procedure, under article 8 of Law no. 5/2004, of 10 February, and the consultation procedures approved by ANACOM, a thirty-working day time limit having been established for this purpose. As this matter concerns consumer interests, the Instituto do Consumidor (Consumer Institute), DECO, FENACOOP, UGC and ACOP have been requested to give their opinion thereon by writing, within the same time limit.
The deadline for the reception of comments is thus the 31 January 2006, and such comments should be sent, preferably by email to win-back@anacom.pt. Following the conclusion of the consultation procedure, replies received shall be publicly disclosed at this website, therefore interested parties are requested to clearly indicate any confidential elements.
Consult:
- Restrictive measures against action designed to win back pre-selected customers https://www.anacom.pt/render.jsp?contentId=418549
Consult press release:
- ANACOM lowers local loop prices for 2006 https://www.anacom.pt/render.jsp?contentId=319242
Related information on ANACOM's website:
- Selection and Pre-Selection of Operator https://www.anacom.pt/render.jsp?categoryId=614
