By determination of 4 March 2009, and pursuant to paragraph 1 of article 128 of the Administrative Court Procedure Code, ANACOM declared that the deferral of the implementation of article 1 of Regulation no. 87/2009, of 18 February, would seriously harm the public interest.
This decision follows an application submitted by PT Comunicações, TMN and PT Prime to suspend the effects of article 1 of Regulation no. 87/2009, of 18 February, amending paragraph 2 c) and f), and paragraph 5 of article 13 (refusal of an electronic order) and also paragraphs 1, 2 and 4 of article 15 (capacity in number portability), all of Regulation no. 58/2005, of 18 August, in all cases combined with article 4 (entry into force) of Regulation no. 87/2009, of 18 February.
According to the decision, the deferral or suspension of the implementation of these rules is not deemed to be acceptable.
ANACOM is thus of the opinion that, as applicants have not established the real impossibility to comply with obligations concerned within the established deadlines nor, obviously, any negative consequences to the general market and consumers in particular, an urgent public interest requires the implementation of these rules not to be deferred.
Consult:
- Challenge to the new Portability Regulation https://www.anacom.pt/render.jsp?contentId=867326
