Alterations to be adopted in the scope of the RIO 2006

Determination of ICP-ANACOM regarding alterations to be adopted in the scope of the RIO 2006

On 30/09/2005, PT Comunicações (PTC) submitted an offer to ICP-ANACOM, regarding prices to be practiced in the scope of the Reference Interconnection Offer, to be in force for 2006 (RIO 2006).

Having assessed the offer, ANACOM takes the view that it does not comply with the principle of cost orientation of prices, as far as the prices altered below are concerned.

By determination dated 23 December 2005, the Board of Directors of ICP-ANACOM decided to hear interested parties as regards the draft decision aimed at being adopted, comprising comments received, the respective analysis and grounds for the decision of the ''Report of the prior hearing on the draft decision regarding alterations to be adopted in the scope of the RIO 2006'', which is an integral part hereof.

Thus, having regard to the grounds presented in the prior hearing report, the Board of Directors of ANACOM, in the scope of the assignments provided for in points b) and f) of paragraph 1 of article 6 of the Statutes, approved by Decree-Law n.º 309/2001, of 7 December, and having regard to the regulation objectives provided for in article 5 of Law n.º 5/2004, of 10 February, namely to promote competition in the provision of electronic communications services and to protect the interests of citizens, and pursuant to paragraph 3, point a) of article 68 of Law n.º 5/2004, hereby determines the following:

PT Comunicações shall amend, within a 10-day time limit, the Reference Interconnection Offer for 2006 (RIO 2006), in order to introduce thereto the following alterations:

1. Ceiling prices for call termination and origination services shall be as follows:

Call set-up prices should not exceed 0.57 Euro cents for interconnection at Local level, 0.66 Euro cents for Single Tandem interconnection and 0,76 Euro cents for Double Tandem interconnection, these charges being applicable for call termination and call origination services. Calls shall be charged per second as from the first second. Peak Hours comprise the period from 9 a.m. to 7 p.m. on working days, and Off-peak hours regard the remaining periods.

2. Ceiling prices for invoicing, collection and bad debt liability service shall be as follows:

(a) 3.08 Euro cents, per call, for shared cost call services, where the cost to be borne by the caller is equivalent, at the most, to Local PT (as defined in the PTC tariff);

(b) 3.44 Euro cents, per call, for the remaining non-free special services, namely customer support services, information services, universal access services, and shared cost call services, where the user bears a cost higher than that of a local call made in the scope of the Universal Service, provided by electronic communications services operators/providers.

3. The conditions established for the RIO shall make clear, as regards the invoicing, collection and bad debt liability service, that prices referred comprise the bad debt liability component.

4. Pre-selection activation price shall not exceed €5.1.

5. The price of portability per individual number shall not exceed €13.6.

6. The current RIO provisions on interconnection circuits services and leased lines interconnection services shall be fully maintained, without prejudice to integrated reviews ICP-ANACOM may carry out in the scope of RIO and/or SLRO.

7. The date for carrying out control, adjustment or routine maintenance operations must be agreed, whenever possible, between the operator and PTC. Secondarily, where operators do not reach an agreement, PTC shall inform the operator under consideration, at least ten working days in advance, that these operations shall take place (point 28 - Service Interruption and Suspension shall be altered accordingly).

8. PTC shall alter the composition of management, operation and maintenance services, eliminating the price of the cancellation service of circuits in an interconnection beam. Ceiling prices are listed in the table below:

9. Maximum prices established herein shall enter into force on 1 January 2006.

-----

1 The service of creation of a new interconnection beam means, as referred in the proposal of PTC dated 30/09/05, the creation of interconnection circuits that connect two geographical points of interconnection (that of PTC and that of the OSP).
2 This service applies, as referred in the proposal of PTC dated 30/09/05, where an operator requests one or more interconnection circuits for an existing interconnection beam.
3 The service of transfer of circuits between interconnection beams connected to the same PTC switch corresponds, as referred in the proposal of PTC dated 30/09/05, to the transfer of one or more interconnection circuits of an interconnection beam in a PTC switch to another interconnection beam also in the same PTC switch, at the request of the OSP.
4 The service of transfer of circuits between interconnection beams connected to different PTC switches corresponds, as referred in the proposal of PTC dated 30/09/05, to the transfer of one or more interconnection circuits of an interconnection beam in a PTC switch to another interconnection beam in a different PTC switch, at the request of the OSP.
5 This service applies, as referred in the proposal of PTC dated 30/09/05, where an operator requests access of their clients to a specific service of PTC. The price applies per service, regardless of the number of services requested at the same time.
6 This service applies, as referred in the proposal of PTC dated 30/09/05, to each request for alteration of a tariff (retail price) of an OSP service, a service which is billed by PTC to its customers but the price of which is defined by the OSP.
7 The service of changes in signalling traffic routing applies, as referred in the proposal of PTC dated 30/09/05, per each request of an OSP as regards a change in signalling traffic routing of its services in PTC's network.
8 The service of alteration of voice traffic routing applies, as referred in the proposal of PTC dated 30/09/05, per each request of a OSP as regards an alteration of voice traffic routing of its services in PTC's network.
9 This service applies, as referred in the proposal of PTC dated 30/09/05, where an operator requests the access of customers of PTC to its services/ block of numbers/ NRN, and includes, in terms of tasks, the opening of services in switches, routing in PTC's network and according adjustment of information systems.