Opinion of the Advisory Council of ICP-ANACOM on the Activities Report 2009


On 28 July 2010, at a meeting of the Advisory Council convened for such purpose, an examination was made of the Activities Report for the year 2009, as presented by the Management Board of ICP-ANACOM, in light of the request for its opinion as stipulated in said article 37 of the Statutes of Autoridade Nacional de Comunicações.

The Specialist Committee, previously established by determination of this Council, mandated for this purpose and composed of the following members of the Advisory Council: CTT - Correios de Portugal, DECO, Onitelecom, PT Comunicações, Sonaecom and Vodafone Portugal, met three times: a first time to conduct an initial reading of the documents and to define the working methodology; a second time to discuss and bring together the contributions of each of its members; and a third time to discuss the final draft of the Opinion to be submitted to the Advisory Council at a meeting convened for today, as follows:

Activities Report

1. The Advisory Council takes the position that the organisation and systematisation of the Activities Report is largely in line with, or even coincident with, the Regulation Report, providing an integrated vision of the exercise of the activity actually undertaken by ICP-ANACOM in the period to which it relates.

2. If the regulatory action of ICP-ANACOM should be understood in terms of the concrete goals achieved as a result of the measures taken and executed in the field of competition, quality, diversification and pricing of provision of services, so should the activities be appraised according not only to their level of execution but also according to the results achieved in light of the objectives proposed for the same period. It is therefore important in this case to consider the resources used and compare them with the effects obtained. The view is taken that, in so doing, the Activities Report will be distinguished from a logically and chronologically ordered list of actions.

3. The Advisory Council has already recommended that the Activities Report include a chapter on employment and utilization of human, technical and financial resources in order to provide a better assessment of the activity undertaken, given the breadth of the remit assigned to ICP-ANACOM.

4. The Council has likewise recommended that actions undertaken to sound out regulated entities should be increased and steps should be taken so that such actions do not have the detached character which they tend to assume. An enhanced and systematic dialogue between regulator and regulated could contribute positively to the formation of an environment that is conducive to the achievement of the objectives which are established.

The present opinion on the Activities Report is not binding and its approval is recommended.

Advisory Council, 28 July 2010.