Portability - Commercial Court maintains decision of the condemnation of PTC at 500 000 euros

Through sentence of Lisbon Commercial Court, delivered on 20 June 2011, the success of the appeal filed by PT Comunicações was denied and, as such, the decision of ANACOM was maintained, which condemned the defendant to the payment of a fine of 500 000 euros.

On 23 December 2009, ANACOM condemned PT Comunicações to the payment of a fine of the value of 500 000 euros, due to it having been proved that the latter, between the 8th and 23rd week of 2008, massively and maliciously unduly refused portability applications under the claim of over-allocation in cases where the daily minimum capacity level to process portability applications had not been reached, having rejected, also unjustifiedly, portability applications under the claim of lack of correspondence of the identification or address of the subscriber indicated ion the portability applications with those existing in its information systems. The applied fine is also based on the fact that the company did not respond to other portability applications within the legally established period of time.

Such facts consist of non-compliance with article 54, number 1 of Law number 5/2004, of 10 February, according to which all subscribers of telephone services accessible to the public that request so should be guaranteed the right to maintain their number(s) under the same service, in observance of the rules of the Portability Regulation.

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