Restrictive measures against action designed to win back pre-selected customers

By determination of 25 May 2006, ANACOM decided to maintain in force the obligation, formerly imposed on the companies of the PT Group (determinations of 17 July 2003 and 14 December 2004), to comply with a withdrawal period during which these entities are prevented from developing any action designed to win back pre-selected customers.

However, taking into account the market evolution, it was decided to reduce this period from 6 to 4 months. In parallel, it was decided to reinforce the effectiveness of the obligation by introducing the following additional adjustments to the measure in force:

- The calculation of the withdrawal period starts after the PSP presents the request for pre-selection activation to the DAP.

- Without prejudice to the respect for the confidentiality of information made available in the scope of pre-selection, the companies of the PT Group, during the withdrawal period, and in case they undertake commercial action not specifically aimed at their subscribers who are pre-selected customers of other companies, may inform their services, namely the commercial services, as well as the remaining companies of the PT Group, that the subscriber is in a pre-selection regime or that he has requested the pre-selection activation. This information, however, may be only used in order to avoid that, during the withdrawal period, these customers are contacted for commercial purposes. No other additional information on pre-selected customers, namely on the pre-selected providers customers are or wish to be in contact with, the type of traffic pre-selected or intended to be pre-selected or the date of the pre-selection request, may be conveyed.

- In order to facilitate audits/monitoring carried out by ANACOM, or by an engaged entity, aimed at assessing compliance with this determination, companies of the PT Group shall keep permanently up-to-date and available the information on procedures defined in this scope.

This determination of ANACOM enters into force 30 working days after it has been notified to the companies of the PT Group, and applies to pre-selection requests submitted after this date to companies of the PT Group who provide access to the public telephone network at a fixed location.

This determination integrates the prior hearing report and the report on the general consultation procedure (to which the corresponding draft decision, approved by determination of 15 December 2005, was subject), which includes the summary of replies received, and additional information on the matter gathered by national operators and European regulators, as well as the assessment and conclusions made by this Authority. In the scope of the prior hearing and general consultation procedure, the following entities provided contributions: UGC, ACOP, DECO, Instituto do Consumidor (Consumer Institute), OniTelecom, Portugal Telecom, SGPS (on behalf of PT Comunicações, PT Prime and TMN), SGC Telecom, SGPS (on behalf of AR Telecom, Netvoice and WTS), Sonaecom SGPS (on behalf of Novis Telecom and ClixGest), Tele2, Vodafone Portugal, Apritel and FENACOOP.


Consult press release: