Alterations to be introduced in the RIO 2004

Draft Decision of the Determination of ANACOM Regarding the Alterations to be Introduced in the RIO 2004

On 26 December 2003, PT Comunicações notified ANACOM that it had carried out the revision and publication of the RIO adopted for 2004 (RIO 2004), in line with the grounds given by this Authority on 15 December 2003.

After having examined the proposal, ANACOM takes the view that it does not comply with the principle of cost orientation of prices, as regards the prices amended below.

Taking also into account the possible integration of the RIAO in the RIO, ANACOM, in its determination of 23 September 2003, invited the OLOs to submit relevant data and quantitative information in order to make it possible for the impact of uniformity in the interconnection conditions applicable to voice and Internet access traffic to be analysed. ANACOM has not received so far any contributions to this end. Notwithstanding, ANACOM considers that the exclusion of the Internet access traffic, specifically provided for in items 5.1 point o) and 7.1 of the PRI 2004, should be removed from the conditions established in the RIO.

Therefore, bearing in mind the grounds given in the analysis which forms an integral part of the process, in compliance with the provision of article 13 of Decree-Law no. 415/98, the Board of Directors of ANACOM has determined to grant a prior hearing to interested parties, pursuant to articles 100 and 101 of the Code of Administrative Procedure, and to establish that within 10 days these entities are entitled to assess in writing the determination that intends to adopt the following content:

PT Comunicações shall amend, within 10 days, the Reference Interconnection Offer for 2004 (RIO 2004), introducing the following alterations:

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

Price per minute, based on a 3-minute call
(figures in Euro cents, VAT not included)

The call setup prices should not exceed 0,65 Euro cents for interconnection at local level, 0,75 Euro cents for single tandem interconnection and 0,85 Euro cents for double tandem interconnection, these charges being applicable for call termination and call origination services. Calls shall be charged per second from the first second.

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

a) 3,65 Euro cents, per call, for the access of clients of PT Comunicações to shared cost call services, where the cost to be borne by the caller is equivalent, at the most, to a local call made in the scope of the Universal Service, provided by telecommunication services operators/providers;
b) 5,20 Euro cents, per call, for the access of clients of PT Comunicações to 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 telecommunication services operators/providers;

3. The maximum price for the pre-selection activation shall be € 7,91.

4. The maximum price for portability per individual number shall be € 15.

5. All prices hereby established shall enter into force on 1 January 2004.

6. The exclusion of the Internet access traffic, specifically provided for in items 5.1 point o) and 7.1 of the PRI 2004, shall be removed from the conditions established in the RIO.

Within this context, and taking into account that the removal of that restriction does not discard the possibility of interested providers being able to continue applying the RIAO, the conditions applied to voice traffic in indirect access, namely as regards the call origination price, defined timeslots, geographic points of interconnection, circuits using signalling system no. 7, and billing and collection services applied in the indirect access, shall be applied to Internet access within the RIO 2004.

7. The Board of Directors of ANACOM further recommends that PT Comunicações accelerates the implementation of automatic and swift processes for the handling of pre-selection activation requests, aimed at the increase of efficiency and, therefore, at the reduction of pre-selection activation costs.