ANACOM intervenes to bar mobile operators from engaging in discriminatory practices


ANACOM has learned that mobile operators are adopting practices that limit the access of customers with pre-paid tariffs to calls to numbers beginning with 760. Using these numbers, consumers can participate in contests or claim prizes in television, radio and newspaper competitions, with calls charged at a flat rate of 60 cents plus VAT, regardless of duration and time of day.

ANACOM considers that there is evidence that practices to limit customer access are in breach of the Lei das Comunicações Eletrónicas (Electronic Communications Law), since they restrict calls made by pre-paid users and discriminate against pre-paid customers compared to post-paid tariff customers or customers of the fixed telephone service; there is likewise indication that the practice has a negative impact on competition, by affecting other operators. As such, ANACOM notified the providers concerned, so that they might state their positions on the issue.

From the beginning of February, one of the operators required some customers with pre-paid tariffs to make a separate account payment for calls to numbers beginning with 760, which payment could only be made at their shops and agencies. Another operator obliges customers with pre-paid balance to maintain a second balance to be used for these calls, allowing this balance to be topped up at bank cash machines. Another operator reserves the right to establish a minimum balance equal to or greater than five euros for calls to numbers beginning with 760.

ANACOM's intervention may culminate in requiring cessation of the practices which have been adopted by the mobile operators involved.