By decision of 15 February 2022, ANACOM approved a draft decision on the request by NOS Comunicações (NOS) to adopt provisional and urgent measures in the context of the Reference Duct Access Offer (RDAO) and Reference Poles Access Offer (RPAO) provided by MEO - Serviços de Comunicações e Multimédia (MEO).
The request in question was made by NOS on 16 December 2021. It seeks (i) a 50% reduction in the prices charged for the occupation of ducts and sub-ducts under the RDAO and (ii) a 50% reduction in the price for fixing cables to poles under the RPAO, aligning these prices with what the company says are best European practices. In its request, NOS claims that while the RDAO was created in 2004, the only price change took place in 2006, while the RPAO prices have remained unchanged since the offer was created in 2010. Therefore, the prices applicable to the development of networks supported by MEO's wholesale offers have remained frozen for 15 and 11 years, respectively.
However, ANACOM considered that the analysis and any consideration of the request made by NOS was countered by the fact that, on 15 February 2022, the ''draft decision on the review of prices of MEO's Reference Duct Access Offer (RDAO) and Reference Poles Access Offer (RPAO)https://www.anacom.pt/render.jsp?contentId=1717020'', which establishes reductions in the (maximum) prices of the respective monthly fees: (i) a reduction of 35% in the case of the regulated RDAO offer and (ii) a reduction of 20% in the case of the regulated RPAO offer. These reductions take effect from the date of the draft decision’s approval.
In fact, ANACOM considers the adoption of this draft decision to review RDAO and RPAO prices as the appropriate mechanism to achieve the purposes intended by NOS, not only because it recognises the opportunity to review the prices charged by MEO within the scope of the regulated offers, but also because it makes provision for retroactive application from the date of its adoption. This retroactive application responds to the need for immediate and urgent action in this matter, as would not be the case if the final decision only produced future effects. In addition, the draft decision on the review of prices within the scope of the RDAO and the RPAO, which produces a 35% and 20% reduction in the respective monthly fees, is both sufficient and proportionate to correct a situation which may, in a certain manner, impact competition and user interests. By correcting this situation in a timely manner and with retroactive effect, exceptional intervention by ANACOM should not be required.
In this respect, and taking into account the draft decision of 15 February 2022 on the review of prices of MEO's RDAO and RPAO, ANACOM decided to reject the request submitted by NOS for the adoption of provisional and urgent measures seeking a 50% reduction in the monthly fees charged for the occupation of ducts and sub-ducts under the RDAO and in the price for fixing cables to poles under the RPAO.
It was decided to submit this draft decision to a prior hearing of NOS and to the general consultation procedure, granting interested parties a period of 20 working days in which to respond under both procedures. Comments (in writing and in Portuguese) in response to the public consultation are to be received no later than 16 March 2022, and should be sent by e-mail to med-urgent-orac-orap@anacom.ptmailto:med-urgent-orac-orap@anacom.pt.
Once the consultation process has been concluded, the contributions received will be made public. Therefore, for the purposes of publication on this website, interested parties should also submit a non-confidential version of their responses excluding any items considered confidential.
Consult:
- NOS requests adoption of provisional and urgent measures in the context of RDAO and RPAO https://www.anacom.pt/render.jsp?contentId=1716979
- Consultation on the request made by NOS seeking the adoption of provisional and urgent measures in the context of the RDAO and RPAO https://www.anacom.pt/render.jsp?contentId=1717017
