Non-compliance - ''Optimus Home'' offer

By determination of the Board of Directors of Directors of ANACOM of 26 November 2004, Novis was ordered to terminate immediately the commercial operation of the so-called «Optimus Home» service, to adopt measures that would prevent by any means the continuity of the publicity of the product to the general public, and within 5 days at the most, to notify subscribers of the termination of the referred service.

It is a public and obvious fact that the publicity of the ‘Optimus Home’ product – which is supported by a partnership between Novis and Optimus - has persisted in several media, namely the Internet, the Optimus website and television, as well as out-doors and commercial premises.

As the responsible entity for the supply of the service toward clients, Novis is, at the least, co-responsible for the publicity of the ‘Optimus Home’ product, and therefore a compulsory financial penalty of 10.000,00 euros is hereby applied thereto for each day of non-compliance that has elapsed from the notification of the determination of 21 December 2004, without prejudice to other penalties applicable in the course of breach proceedings.

Pursuant to that determination, Optimus was likewise ordered to terminate immediately any form of publicity of the same service, the non-compliance with this determination implying an identical penalty as from the 27 of December.

Having regard to the fact that the decided measures are quite urgent, and that they concern the promotion of a service the commercial operation and correspondent provision of which were interdicted, the prior hearing of interested parties, Novis and Optimus, was dispensed with.