Complaint by Vodafone against ANACOM's decision on the resolution of the dispute concerning non-compliance with the procedures of the RPAO (installation of customer drops)


On 9 October 2018, ANACOM approved a draft decision on the complaint submitted by Vodafone Portugal - Comunicações Pessoais (Vodafone) against ANACOM's decision of 2 Augusthttps://www.anacom.pt/render.jsp?contentId=1458596. This decision concerned the request to intervene for administrative resolution of disputes regarding non-compliance with procedures governing the installation of customer drops pursuant to the Reference Poles Access Offer (RPAO), whereby ANACOM:

  • rejects Vodafone's complaint as regards the request to annul ANACOM's decision of 2 August, since it was a decision that was entirely valid;
  • upholds Vodafone's complaint as regards the request to revoke ANACOM's decision of 2 August, determining cessation of effects with retroactive application, insofar as non-disposable rights or interests are not involved;
  • determines suspension of the administrative dispute resolution procedure until adoption of a decision to amend the RPAO;
  • submits this draft decision to the prior hearing of MEO and Vodafone – the companies are given a period of 10 working days to comment in writing, if they so see fit.

The object of this draft decision is the complaint submitted by Vodafone on 27 August, requesting revocation or annulment of ANACOM's decision of 2 August, as well as a declaration stating that Vodafone is not bound (i) to inform MEO prior to the installation of customer drops, (ii) to deliver the register of cable and equipment to MEO and (iii) to pay MEO the sum of 1.25 euros per installed drop. Subsequently, on 31 August, Vodafone requested suspension of ANACOM's decision of 2 August, which was approved by decision of 7 Septemberhttps://www.anacom.pt/render.jsp?contentId=1464525 with suspension of the decision's execution.


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