Determination
Through the press, ANACOM knew that PT Comunicações S.A., within the scope of the current “roadshow PT perto de Si” programme, was going to offer free local, regional and national calls, in Leiria area (prefix 244) between 7 p.m. on next Friday and 9:00 a.m. on the following Saturday. This situation was also subject to a complaint submitted to ANACOM by one operator, who considered that said campaign was violating the non-discrimination principle, since the concessionaire would not offer, in the wholesale markets, conditions that would allow the replication of the same in the retail.
In this context, ANACOM regrets, first, not to have been informed by the concessionaire, in advance and in an appropriate way, on the campaign, capable of, due to its nature, raising concern as to compliance with the applicable regulatory framework, namely as to the verification of the non-discrimination principle.
In fact, PTC is committed to comply with the non-discrimination principle, within interconnection (art. 8, paragraph 1, subsection a) of DL no. 415/98, of 31 December, applicable pursuant to article 122, paragraph 2, subsection f) of Law no. 5/2004, of 10 February).
Taking into account the characteristics of the above-mentioned campaign, the extension of PTC market power in the call origination and termination wholesale markets in the fixed public telephone network and in the retail markets upstream, and the need to comply with the non-discrimination principle in force - makes that PTC cannot offer to its retail activities more favourable conditions vis-à-vis the ones they offer to its competitor companies in the retail markets - so the PT group competitors must also have the possibility to replicate this campaign.
Taking into account that the campaign foreseen to Leiria begins tomorrow, 1 October, at 7:00 p.m., and that it is not possible for the PT Group competitors to replicate the offer during this timeframe, ANACOM is of the opinion that in order to put back the non-discriminatory conditions, they should provide free interconnection for an equal period of time and in a geographic area with a similar number of fixed accesses as compared to the one covered by this PTC campaign, until 17/12/04.
In view of the above framework, and since it is an urgent decision, there will not be prior hearing to the interested parties, pursuant to article 103, paragraph 1, subsection a) of the Rules of Administrative Procedure.
Therefore, ANACOM Board of Directors, taking into account the legal rules referred to above and also the provisions contained in article 6, paragraph 1, subsections b), e) and n) of its Statutes, approved by DL no. 309/2001, of 7 December, in accordance with subsection g) of article 9 of those Statutes, during a meeting held on 30/09/04, decided:
1º. That PTC must offer free interconnection, in the local scales, of simple transit and double transit, to the interested fixed telephone service providers, in any group of networks, covering a number of fixed accesses similar to the one covered by this PTC campaign, for a period of time between 7:00 p.m. of one Friday to 9:00 a.m. of the following Saturday;
2º. That the interested operators must choose the Friday in question (the last Friday to be selected being the one that corresponds to 17/12/04), reporting it to PTC at least one week in advance;
3º. That whenever PTC will make identical or analogue campaigns, namely within the scope of the current roadshow, they will report the same, at least 3 weeks in advance, to the companies qualified to provide the fixed telephone service, offering them free interconnection in the local scales, simple transit and double transit, for a period of time corresponding to the one of the campaign;
4º To submit to PTC prior hearing the provisions contained in paragraph 3 above of this determination, determining a deadline of 10 days for them to give their opinion in writing pursuant to articles 100 and 101 of the Rules of Administrative Procedure.
