By determination dated May 24, 2002, following the information received from PT Comunicações on the entry into force of a new ADSL wholesale offer and in view of the claim submitted by OniTelecom consisting in the same not having given a previous notice, it was decided, pursuant to the statutory rules approved by Decree-Law no. 309/2001, of December 7, 2001 (subsections c) and g) of article 9) and article 31, no. 1 of the Regulations for the Operation of Public Telecommunications Networks (ROPTN), approved by Decree-Law no. 290-A/99, of July 7, 1999:
- That PT Comunicações should immediately inform ANACOM on the compliance with the provisions contained in article 13, no. 1, subsection e), of the ROPTN;
- That, if the provisions contained in the mentioned article were not complied with, PT Comunicações should immediately inform the interested parties that the said offer will only be effective 30 working days after its previous notice to all interested parties.
In effect, considering that the change of PT Comunicações' ADSL offer requires a readjustment of the retail offers, to which all the companies must benefit the deadline granted by law, it was considered urgent to oblige compliance with the said legal rule. Furthermore, it is urgent to avoid that, if verified, the companies are placed under unequal circumstances, as far as the awareness of said new offer is concerned, which is able to distort the competition and to attempt against the principle of non-discrimination contained in subsection a) of the mentionedarticle 13, no. 1, of the ROPTN.