In 2016, Autoridade Nacional de Comunicações (ANACOM) concluded 253 cases involving administrative offences and applied fines totalling 965,704 euros, 51.5% more than in 2015 (637 thousand euros).
During the year, 223 cases were opened involving the commission of new administrative offences, in which the defendants were accused of committing unlawful acts including breaches of obligations of information on contract lock-in periods, breaches of ANACOM's determination on contract termination procedures and unfair commercial practices. As regards the protection of users, a case was brought against the universal postal service provider citing non-compliance with requirements related to the density of the postal network and the minimum offer of services, and a proposal was presented to the State for application of contractual penalties to the universal postal service provider under clause 27 of the Concession Contract concluded between the company and the State. A further proposal was presented to the Government to apply penalties for breaches of obligations under the contract to provide the universal service of public pay-telephones.
With a view to protecting the interests of consumers, ANACOM also advanced with a process seeking termination, for breach of legislation, of the activity of a provider of value-added services based on message sending, and with another process for non-compliance with digital terrestrial television coverage obligations, as a result of which the provider concerned was ordered to install a new transmitter in the municipality of Castelo de Paiva.
Also of relevance during the year, due to their number, administrative offence proceedings were brought as a result of breaches of the legal regime governing the installation of telecommunications infrastructure in buildings and as a result of non-conformities in radio and telecommunications terminal equipment under the rules in force.
Proceedings opened or instigated by ANACOM are based on reports of offences brought to ANACOM's attention by different means, including: market inspections and enforcement actions, actions of spectrum monitoring and control performed by ANACOM, actions undertaken as part of ANACOM's work supervising and overseeing electronic communications and postal services markets, complaints, accusations brought by the Public Prosecutor, courts and other regulators, reports and cases of the PSP and GNR.
