On 24 October 2018, ANACOM approved the final decision on the request to intervene, presented by Vodafone Portugal - Comunicações Pessoais (Vodafone), for the administrative resolution of its dispute with MEO - Serviços de Comunicações e Multimédia (MEO), under the terms of article 10 of Lei das Comunicações Eletrónicas (Electronic Communications Lawhttps://www.anacom.pt/render.jsp?contentId=975162). This dispute concerns the payment of penalties by MEO for erroneous responses to feasibility analysis requests submitted by Vodafone in the context of the Reference Duct Access Offer.
As such, following the analysis carried out, ANACOM determined:
- that MEO shall pay Vodafone a penalty of EUR 200 corresponding to each erroneous response given by MEO to each feasibility analysis request submitted, in accordance with the provisions of section 7 of the RDAO (and not only the payment of a single penalty corresponding to several requests for feasibility analysis);
- that the payment of the penalty is applicable to separate requests for feasibility analysis, even if referring to the same section of duct, and also applies to situations where there has been a single complaint from Vodafone covering multiple requests with incorrect responses.
At the same time, approval was given to the report of the prior hearing held on the corresponding draft decisionhttps://www.anacom.pt/render.jsp?contentId=1459790, dated 30 August 2018.
Consult:
- Final decision on the request to intervene in order to resolve an administrative dispute - penalties for erroneous responses to feasibility requests pursuant to the RDAO https://www.anacom.pt/render.jsp?contentId=1463254
