By decision of 30 August 2018, ANACOM has approved a draft decision on the request to intervene for administrative settlement of the dispute between Vodafone Portugal - Comunicações Pessoais (Vodafone) and MEO - Serviços de Comunicações e Multimédia (MEO) regarding the payment of penalties pursuant to the Reference Duct Access Offer (RDAO). Approval of this draft decision is given under the administrative dispute settlement procedure provided for in Article 10 of Law no. 5/2004 of 10 February (Lei das Comunicações Eletrónicas (Electronic Communications Lawhttps://www.anacom.pt/render.jsp?categoryId=333113).
The case involved Vodafone's request for ANACOM's intervention, in which it claimed that MEO had not complied with its obligations to pay penalties for erroneous responses to feasibility analysis requests made by Vodafone, which Vodafone deems an abusive interpretation of the conditions of the RDAO.
Following its analysis and in accordance with the provisions of section 7 of the RDAO, ANACOM saw fit to order MEO to pay Vodafone a penalty of 200 euros corresponding to each erroneous response given by MEO to each feasibility analysis request submitted (and not only the payment of a single penalty corresponding to multiple feasibility analysis requests).
It was decided to submit this draft decision to the prior hearing of MEO and Vodafone so that they may, if they so see fit, express their views in writing, within 10 working days.
Consult:
- Settlement of dispute between Vodafone and MEO on penalties for erroneous responses to requests for viability in the context of the RDAO https://www.anacom.pt/render.jsp?contentId=1459790
