1. On 7 December 2004, NOVIS presented to ANACOM a communication regarding the beginning of the offer of service of access to the public telephone network at a fixed location and of telephone service at a fixed location.
2. The offer from NOVIS emerges following the prohibition, by determination of ANACOM of 26 November, of the commercial operation of a prior offer, called Optimus Home.
3. The new offer, communicated by NOVIS on 7 December, presented features quite different from the prior one as regards the mobility provided to the client. The Optimus Home offer - which was identified by NOVIS as being fixed-mobile convergent - would allow the client a mobility in the geographical area which coincided with the one in the National Numbering Plan (NNP) to which his access number belonged. The offer communicated by NOVIS on 7 December - now presented as an offer of a fixed communications service - ''guarantees to customers a coverage within a circle of a radius of around 2000 metres, as with other wireless technologies''.
4. ANACOM has assessed this new offer in three fundamental strands: the use of frequencies, the use of numbers and transparency of information provided to users. The determination adopted by ANACOM last Friday, as draft decision, is based in the associated conclusions.
a) As regards the first aspect - use of frequencies - it was decided to allow the use of the use of GSM frequencies of the mobile terrestrial network of OPTIMUS over the network of local access for the provision of voice services at a fixed location by NOVIS. The engaging of frequencies, shall not, in any case, unbind OPTIMUS from its obligations as provider of a mobile service, such obligations maintaining their full effect.
b) As regards the use of numbers, and as the service is presented with a defined geographic base - "and considerably more restricted than the Optimus Home service presented to ANACOM in 12.11.2004"- it was deemed that "one should not exclude that the service may be comprised in the numbering "2" range of the NNP, provided that a fundamental condition is fulfilled, namely, that the mobility associated to the terminal is restricted to the inevitable limit in order to ensure the access at a fixed location, which in many circumstances shall be below" the radius of 2000 meters indicated by NOVIS. The determination of 10.12.2004 of ANACOM concludes "that in terms of mobility, the service presented by NOVIS should be designed where possible in the light of the typical mobility provided by the available technologies in the fixed network systems, in order for the usage of the numbering "2" range not to be void".
c) The duty of transparency in the provision of information to consumers involves for NOVIS the obligation of clarifying, namely, the service coverage zone, including possible indoor accessibility limitations, and the impact at the level of location in the calls for the single European emergency number (112).
5. The draft decision adopted by ANACOM is subject to consultation procedures regarding interested parties, for 10 working days, following which the final determination shall be approved.
Thus, the effective provision by NOVIS of the service under consideration is subordinated to the final decision of ANACOM.
