By determination of 1 August 2013, ANACOM has approved a draft decision to be notified to the European Commission (EC), the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities of other Member States of the European Union (EU) as regards the billing and collection by PT Comunicações (PTC) of penalties charged to the beneficiaries of the Reference Poles Access Offer (RPAO).
According to the draft decision, PTC will be required to amend the RPAO, no later than 20 working days following notification of ANACOM's final decision, in order to:
- fix a limit of 325 euros for the penalty applied in the event of non-compliance by beneficiaries with the time limit governing the submission of records, with effect from the date of publication of the first version;
- bring the period provided to make respective applications for compensation to beneficiaries into line with the time that beneficiaries have to submit claims for compensation to PTC. This is applicable to occurrences of non-compliance reported from the date of the final decision's notification;
- to lift the requirement that beneficiaries must submit record information, which was introduced as a condition of payment to beneficiaries of compensation in the event of failure to comply with the time limits applicable to responses to requests for information (QSP1) and the time limits applicable to responses to feasibility analysis requests (QSP2).
It was also determined that PTC shall rectify the amounts billed pursuant to the RPAO in respect of penalties for failures to comply with the time limit governing the submission of record, doing so in the first invoice for wholesale RPAO services, issued within 20 working days of notification of the final decision. PTC shall likewise reimburse beneficiaries in respect of any sums which have already been paid and which exceed the new values calculated following rectification.
At the same time, ANACOM approved the report on the consultation to which the respective draft decision, as approved by determination of 16 May 2013, was submitted.
Consult:
- Billing and collection of penalties under the Reference Poles Access Offer of PTC - draft decision https://www.anacom.pt/render.jsp?contentId=1171033
