1. Following a determination of 29 April 20051https://www.anacom.pt/render.jsp?contentId=55129, the final decision on minimum information to be included the Subscriber Line Resale Offer (SLRO) reference offer, the specifications applicable to the offer’s beneficiaries and the corresponding consultation report2https://www.anacom.pt/render.jsp?contentId=55130 were approved.
2. Specifically, this determination involved conditions for beneficiary company payment deadlines to PT Group companies in relation to i) the monthly SLRO payment, and ii) remaining services under the SLRO.
3. In the draft decision of 3 February 20053https://www.anacom.pt/render.jsp?contentId=55131, it was determined that the beneficiary company must pay PT Group companies for i) the monthly SLRO payment “at the price associated with the SLRO within a maximum of thirty days from receipt of the subscriber’s payment”, and ii) remaining services under the SLRO “at the retail price associated with these services minus costs incurred from their billing and collection within a maximum of thirty days from receipt of the subscriber’s payment”.
4. Following the public consultation, ICP-ANACOM changed its position with regard to this matter. In fact, in the consultation report it was understood that “beneficiaries must pay the PT Group the monthly SLRO amount within a maximum of three months” (point 3.7.5 of the report) as this deadline should generally be sufficient for beneficiaries to carry out proper collections for their services, given that it would not be appropriate for beneficiary payments to the PT Group to be dependent on the beneficiary’s receipt of the end user’s payment.
5. The exact position in the report was summarized in point VII of the exposition of the SLRO determination, which specified the obligation of SLRO beneficiaries to pay PT Group companies i) for the monthly payment “at the price associated with the SLRO, within a maximum of ninety days”, and ii) for remaining services “at the retail price associated with these services minus costs incurred from their billing and collection, within a maximum of ninety days”.
6. Due to an error, the determination (section XII) of ICP-ANACOM’s decision of 29 April 2005 was inconsistent with its exposition and with the consultation report with regard to point 2.14 (concerning payment for the services under the SLRO) and point 3.8 (concerning the monthly payment for the telephone line).
7. There is also a discrepancy between the exposition (thirty days) and the determination (twenty days) of the aforementioned determination of 29 April 2005 regarding the maximum time granted to PTC to present ICP-ANACOM with an SLRO reference offer.
8. Thus, under the terms of article 148 of the Code of Administrative Procedure, the determination of 29 April 2005 is hereby corrected as follows:
8.1 Section XII (“Determination of ICP-ANACOM”)
- In point 2.14, the phrase “... within thirty days at the most from the reception of the subscriber’s payment” must be changed to read “… within a maximum of ninety days from date of receipt of the corresponding invoice”.
- In point 3.8, the phrase “... within at the most thirty days from the reception of the payment from the subscriber” must be changed to read “… within a maximum of ninety days from date of receipt of the corresponding invoice”.
8.2 Section I (“General Considerations”)
The phrase “… at the most within thirty days from the Final Determination of ICP-ANACOM” must be changed to read “… no later than twenty days after the Final Determination of ICP – ANACOM”.
9. In light of these corrections, an additional period of five working days is granted, as from today, for PTC to fulfill the determination of 29 April 2005 under these amended terms.
1 SLRO Reference Proposalhttps://www.anacom.pt/render.jsp?contentId=418740 - determination of 29.4.2005
2 Public consultation report - PDF 292 Kb (in portuguese)
3 Reference SLRO offerhttps://www.anacom.pt/render.jsp?contentId=418790 (draft decision) - determination of 3.2.2005