In 2021, ANACOM opened 391 new cases on the basis of reports of breaches from its enforcement staff, notices from law enforcement agencies and information received from other public entities and through complaints.
In that year, 299 offence procedures were instigated, around 20% more than in the previous year.
In 2021, ANACOM concluded 329 cases, of which 45% ended with the application of fines (totalling three million euros), 18% ended with the application of admonitions and 9% were closed. The remainder ended with preliminary closure.
The cases concluding with rulings include those referring to breaches of obligations related to the installation of telecommunications infrastructure in buildings; non-compliant radio equipment and use of radiocommunications networks and services; non-compliance with obligations to provide information to ANACOM; and non-compliance with the legal regimes governing complaint books, value-added services based on message sending and rules governing number portability.
In view of the number and nature of the offences in question and the value of the fines imposed, the following sentencing decisions are highlighted:
- Three decisions sanctioning breaches of obligations related to the suspension of electronic communications services, in which the following sanctions were applied:
- a single fine of 425,250 euros applied to Vodafone for commission of 58 offences; TCRS - Tribunal da Concorrência, Regulação e Supervisão (Court of Competition, Regulation and Supervision), by final judgment, condemned the company for commission of 43 offences, applying a fine of 280 thousand euros, suspended in its execution with regard to payment of a quarter of its value (70 thousand euros) for a period of 4 years;
- a single fine of 369,375 euros applied to NOS for commission of 54 offences; the TCRS, by decision not yet final, upheld the company's conviction and payment of the fine applied by ANACOM, but suspended execution of the sentence for a period of 2 years, subject to the payment of certain amounts to subscribers;
- a single fine of 711,750 euros applied to MEO for commission of 104 offences; this decision was judicially challenged.
- Five decisions sanctioning the breach of various obligations under the Portability Regulation, which, in addition to the application of fines, resulted in an order to pay compensation to subscribers, under penalty of financial penalties:
- a single fine of 100,750 euros applied to MEO for commission of 19 offences; this decision was judicially challenged;
- a single fine of 54,100 euros applied to Vodafone for commission of 10 offences; this decision was judicially challenged;
- a single fine of 37,900 euros applied to NOS for commission of 9 offences; by judgment of the TCRS, not yet final, NOS was sentenced to a single fine of 35 thousand euros;
- a single fine of 19,100 euros and a penalty of admonition applied to NOWO for commission of 17 offences; the TCRS, by judgment not yet become final, sentenced the company to a single fine of 18 thousand euros suspended in its execution as regards payment of half its value for a period of 2 years, subject to the condition of confirming the payment of compensation due to subscribers;
- a single fine of 14,750 euros applied to Lycamobile Portugal, for commission of 5 offences; this decision became final.
- Decision to apply a single fine of 630 thousand euros to MEO for commission of 3 offences: for failing to fulfil the coverage and quality requirements of the Digital Terrestrial Television (DTT) service in the municipality of Castelo de Paiva; for failing to give correct information on its website http://tdt.telecom.pthttps://tdt.telecom.pt/ (designated for this purpose) on the coverage provided in some areas in the municipality of Castelo de Paiva; and, for failing to publish and make clear, complete and updated information available to end-users on the quality of the services it provides, specifically for failing to ensure that users had the information necessary to access the DTT signal in the best manner (indication of the best-server server) in some areas in the municipality of Castelo de Paiva; this decision was judicially challenged.
- Decision applying a single fine to MEO of 295 thousand euros, for commission of 24 offences resulting from the breach of various obligations set out in ANACOM Decision of 9 March 2012, on the “Procedures required for the termination of contracts, where upon the initiative of subscribers, in respect of the offer of public networks or publicly available electronic communications services”; the TCRS, by a final judgment, sentenced MEO to a penalty of admonition.
- Three decisions sanctioning breaches of obligations related to complaint books, as established under Decree-Law no. 156/2005 of 15 September:
- a single fine of 82 thousand euros, applied to CTT for commission of 16 offences; TCRS, by a judgment not yet made final, set the fine at 30 thousand euros;
- a single fine of 13,500 euros, applied to NOS for commission of 2 offences; TCRS, by final judgment, confirmed ANACOM's decision;
- single fine of 10,500 euros, applied to DPD Portugal for commission of 2 offences; this decision became final.
