Considering the request, on which both applicant and respondents have expressed their positions and the analysis made of such positions, the Management Board of ANACOM gave approval, on 16.05.2010, as a draft decision (DE1482010CA):
«…I. Under the current regulatory framework and having regard in particular to article 22 of the LCE, Radiomóvel, as an operator of SMRP which provides an electronic communication service available to the general public has a right to negotiate interconnection with and obtain access or interconnection from other undertaking which offer publicly available electronic communications networks and services;
II. In compliance with the obligations which are imposed at a legal and regulatory level pursuant to article 64, paragraph 2 and article 66 of the LCE, PTC, TMN, Sonaecom and Vodafone are bound to satisfy reasonable requests for interconnection of the mobile network of Radiomóvel with the fixed, mobile and nomadic networks in their possession, observing, in full, the obligations imposed on them pursuant to the procedures of market analysis and, in particular, the obligation to respond to reasonable requests for access and the obligation of non-discrimination.
III. The companies identified in II. shall, within a period of not more than 90 days counted from the date of the final decision issued in the context of the present process, notify ANACOM as to the conclusion of interconnection agreements necessary to ensure the right of Radiomóvel to obtain access or interconnection;
IV. Pursuant to and for the purposes of article 100 and 101 of Código do Procedimento Administrativo (Administrative Proceeding Code), Radiomóvel, PTC, TMN, Sonaecom and Vodafone shall be notified so that, within a period of 10 days, they may respond, if they so see fit, to the decision set forth in the preceding paragraphs.»
The draft decision was notified to the applicant and to the respondents by official circular of ANACOM-S39614/2010 of 18/05/2010.
All stakeholders expressed their views within the prescribed period, Radiomóvel expressing its agreement with the notified decision, while the others reiterated the arguments raised previously and some responded with additional arguments.
The analysis and assessment of the arguments contained in the Report of the Hearing of Interested Parties which, as annex 2, forms an integral part of and basis to the present determination.
As a result of the analysis conducted, it was deemed that the arguments put forward by the applicant and respondents do not justify any amendment to the notified decision.
With the exception of the proposal made by Radiomóvel seeking the implementation, in section III of the decision, that the period of 90 days stipulated therein be measured in "calendar days", which amendment does not alter the meaning of the decision, before its implementation, ANACOM takes the position that there is no reason to make any changes to the sense of the notified decision.
