ANACOM concluded 243 offence procedures in 2017 and imposed fines of 1.7 million euros


In 2017, ANACOM concluded 243 offence procedures opened or brought on the basis of reports of breaches brought to its attention. Of these cases, 71 resulted in the perpetrators being convicted, with fines totalling 1.716 million euros and voluntary payment of fines amounting to 12,424 euros. In 2016, fines imposed by ANACOM totalled 966 thousand euros.

During 2017, 416 new cases were brought based on reported breaches in various areas: equipment, radiocommunications, failure to provide information to ANACOM and consumer protection. In terms of consumer protection, cases involve unfair commercial practices, breaches in relation to the universal service of electronic communications and the universal postal service, portability, termination of contracts, information on offer conditions, equipment unblocking and complaint books.

During the year, a total of 208 reports of breaches were examined and, as a result of this analysis, 87 separate offence procedures were instigated. These include cases in which there are indications of failure to communicate amendments in contractual conditions to subscribers in a timely manner, or where the communication was not made in the proper form or did not contain all the information legally required, as under article 48, paragraph 16 of Lei das Comunicações Eletrónicas (Electronic Communications Law). Furthermore, there are cases involving evidence of non-compliance with ANACOM's determination on the procedures required in the termination of contracts related to provision of public networks or electronic communications services; and those relating to the adoption of unfair commercial practices upon termination of contracts. Lastly, there are also proceedings instigated in relation to breaches of the regime governing the installation of telecommunications infrastructure in buildings (ITED).