Draft decision of ICP - ANACOM regarding the alterations to be introduced in the RUO
On 17 September 2004, following a request from ICP- ANACOM, PT Comunicações, S.A. submitted to this Authority information on (a) provision time of non-active loops and (b) the maximum provision time, in working days, for 95% of the cases, of network line supply, in the subscriber modality, for both cases installed in the 1st semester of 2004.
Having assessed the information submitted by PT Comunicações, S.A., according to the attached document, which is an integral part of the present determination, the Board of Directors of ICP-ANACOM:
(a) Whereas the period that elapsed between the pre-order and the information on the termination of the installation was, in the 1st semester of 2004, of 119 working days;
(b) Whereas the provision time for network line installation, in the subscriber modality was, in the 1st semester of 2004, of 14 working days for 95% of the cases;
(c) Whereas the activities involved in the transfer of non-active loops identified by PT Comunicações, S.A. do not justify the excessive time limits which are currently practised;
(d) Whereas the justification put forth by PT Comunicações, S.A., that the time limits under consideration were the result of the effort connected to the introduction of the Euro 2004 telecommunications infrastructures, does not apply at present;
(e) Having regard to the current practices in other Member States of the European Union concerning the maximum provision time for active and non-active loops;
(f) Whereas the provision of non-active loops is typified and comparable to the supply of active loops;
(g) Whereas the automatic order system, which should already be in operation, introduces a higher efficiency and swiftness to the order process;
(h) Having regard to the possible interest of market agents in having higher quality offers at an additional price and the existence of this type of offers in other European countries;
(i) Having regard to the regulation objectives provided for in article 5 of Law no. 5/2004, of 10 February, namely to promote competition in the provision of electronic communications networks and services, to ensure that users derive maximum benefit in terms of choice, price, and quality and to encourage efficient investment in infrastructure, and to promote innovation; and in the scope of the assignments provided for in points b), e) and f) of article 6 of the Statutes, approved by Decree-Law no. 309/2001, of 7 December, and pursuant to point e) of paragraph 2 of article 122 of Law no. 5/2004 and to points b) and g) of article 9 of the Statutes, hereby deliberates:
I. To determine upon PT Comunicações, S.A., that within 20 days it alters the RUO as follows:
1 The offer shall include the following time limits and procedures associated to the provision and transfer of loops:
(a) Provision process of an active local loop;
| Supply stage | Maximum provision time (for 95 % of the cases) |
|---|---|
| Assessment of eligibility | 2 workings days |
| Loop installation | 7/101https://www.anacom.pt/render.jsp?contentId=55129 workings days |
| Information as to conclusion | 1 workings day |
(b) Provision process of a non-active local loop that does not require cable installation or a subscriber private block;
| Supply stage | Maximum provision time (for 95 % of the cases) |
|---|---|
| Assessment of eligibility | 2 working days |
| Analysis and intervention in the loop | 5 working days |
| Loop installation | 7 working days |
| Information as to conclusion | 1 working day |
(c) Provision process of a non-active local loop that requires cable installation or a subscriber private block.Click here to see the full-size image
| Supply stage | Maximum provision time (for 95 % of the cases) |
|---|---|
| Assessment of eligibility | 2 working days |
| Analysis and intervention in the loop | 13 working days |
| Loop installation | 7 working days |
| Information as to conclusion | 1 working day |
2 Compensation regarding non-compliance with provision time limits in the scope of the local loop offer shall be defined separately for the provision of active loops and the provision of non-active loops.
3 To define a compensation of € 7,5 for each working day for which the maximum time limit for the conclusion of the stage of analysis and intervention in the loop has been exceeded.
4 The maximum additional price to be applied in the unbundling of non-active loops which do not require cable installation or a subscriber private block is of €50.
5 The maximum additional price to be applied in the unbundling of non-active loops which require cable installation or a subscriber private block is of €75.
6 In exceptional cases of non-active loops which need other type of material, apart from cable of subscriber private block, the price may be established on a case-by-case basis, in a cost-orientated perspective.
7 The technical staff of PT Comunicações, S.A shall duly identify the loops in the general switch of the building.
II. The offer conditions enter into force on the day the offer is altered and notified.
III. PTC shall present a proposal of an additional price (to the monthly charge of the local loop) for a damage repair time limit of 9 hours for 95% of the cases.
IV. To submit the above determination to the prior hearing of interested parties, pursuant to articles 100 and 101 of the Code of Administrative Procedure, the time limit for presentation of observations being set at 10 working days.
-----
