Following a monitoring exercise to the functioning of services that integrate the Zapp PTT service provided by Radiomóvel - Telecomunicações, S.A, it was concluded that the access to this service by other networks, both fixed and mobile, was carried out through geographic numbers, and not through the numbering range that, pursuant to the rules of the National Numbering Plan (NNP), was assigned by ICP-ANACOM to Radiomovel for the provision of the mobile service with shared resources (SMRP) – “9481” and “949”. For this purpose, each of the terminals sold by Radiomóvel for the access to the Zapp PTT service is connected, at the same time, to a number assigned to Radiomóvel and to a geographic number, assigned by the NRA to Jazztel.
The use of geographic numbers for the provision of the Zapp PTT service involves an infringement of the NNP, through the unauthorized use of geographic numbering in a service of a mobile nature, and thus, the failure to comply with the conditions provided for in points a) and b) of paragraph 1 of article 34 of Law no. 5/2004, of 10 February, being at stake signs of the breach, on the part of Radiomóvel, of point n) of paragraph 1 of article 113 of that statutory instrument.
As for Jazztel, it may have incurred in the same breach, as it is responsible for the actual compliance with the conditions established in paragraph 1 of article 34 of Law no. 5/2004. Moreover, it may have transferred the rights of use of such numbers to a different operator, without the authorization of the Regulator, and thus have infringed point e) of article 34 of Law no. 5/2004. If this situation proves to be true, it constitutes a breach under point o) of paragraph 1 of article 113 of the mentioned statutory instrument.
In the light of the above, the Board of Directors, in the meeting held on 20 October 2005, determined, pursuant to paragraphs 1 and 2 of article 111 of Law no. 5/2004, of 10 February, to establish the following interim measures:
- Upon Radiomóvel - Telecomunicações, S.A.:
- To prohibit immediately the provision of the Zapp service to new customers, for a period of six months at the most, where it involves resorting to geographic numbering;
- To prohibit immediately the provision of the Zapp service to current customers, for a period of six months at the most, where it involves resorting to the geographic numbering range, and for this purpose customers shall be informed, within 3 days, that the service shall be suspended following a 15-day period of time;
- Upon Jazztel Portugal - Serviços de Telecomunicações, S.A.:
- To immediately withdraw from transferring to Radiomóvel - Telecomunicações, S.A. the rights of use of geographic numbers, for a period of six months at the most.
The Board of Directors further determined:
1. Pursuant to and for the purposes of paragraph 1 of article 110 of Law no. 5/2004, of 10 February, to notify Radiomóvel - Telecomunicações, S.A. to voice its opinion, if it so wished, within a one-month period, on the signs of the failure to comply with the conditions provided for in points a) and b) of paragraph 1 of article 34 of Law no. 5/2004, namely clarifying the interconnection conditions of handling voice calls established within the Zapp PTT service, and to inform that the indicted failure to comply may lead to a final determination to cease the provision of the Zapp PTT service, on the above-mentioned grounds, if they are in fact confirmed;
2. Pursuant to paragraph 1 of article 110 of Law no. 5/2004, of 10 February, to notify Jazztel Portugal - Serviços de Telecomunicações, S.A. to voice its opinion, if it so wished, within a one-month period, on the failure to comply with the conditions provided for in points a) and e) of paragraph 1 of article 34 of Law no. 5/2004, and to remedy such breaches.
On the other hand, it was found that the Zapp service, such as it seems to be provided by Radiomóvel, to users who are not comprised in closed user groups, may fall out of the intrinsic limits of the service for which the used frequencies (453 457,45/463-467,45 MHz) had been allocated, and this being the case, the conditions provided for in points a) and b) of article 32 of Law no. 5/2004, of 10 February have not been complied with, and the breach provided for in point m) of paragraph 1 of article 113 may have occurred.
Pursuant to the provision of paragraph 1 of article 108 of Law no. 5/2004, of 10 February, the Board of Directors determined to notify Radiomóvel - Telecomunicações, S.A. to provide information to this Authority, within a 10-day time limit, on all features of the Zapp service, voicing its opinion on the signs of non-compliance with the conditions referred to in points a) and b) of paragraph 1 of article 32 – usage of frequencies assigned for the provision of a service which does not seem to be confined to the limits of the SMRP.
