For the purposes of verifying compliance by undertakings which offer electronic communications networks and services with the provisions of Regulation no. 495/2014 of 3 November, ANACOM has been carrying out inspections to check the commercial offers provided by the undertakings in question from the date on which the rules laid down in the Regulation took effect.
In this context, having detected irregularities in the commercial offers provided by two companies providing the mobile telephone service, on 13 March 2015, ANACOM decided to instigate a hearing procedure, with respect to one of these companies, pursuant to article 110 of LCE - Lei das Comunicações Eletrónicas (Electronic Communications Law) with respect to a breach of the requirements of paragraph 3 of the Regulation (after finding that there was such a difference in price between offers with restrictions and the offer without corresponding restrictions as to nullify user freedom of choice); in the case of the second company, with the procedure under this provision already pending, ANACOM issued a decision under the terms thereof, ordering the company to adopt appropriate measures to rectify non-compliance or face application of a monetary penalty payment.
In the case of a third company, which announced the introduction of restrictions to the 760 number range from 25 March 2015, in violation of paragraph 1 of Regulation no. 495/2014, on 13 March 2015, ANACOM ordered the company to adopt an urgent interim measure under article 111 of the LCE, in order to put an end to the non-compliance; ANACOM further determined to instigate the hearing procedure provided for in article 110 of the LCE in relation to non-compliance with the provisions of paragraph 3 of the Regulation.
