Opinion of the Advisory Council of ICP-ANACOM on the Regulation Report Year 2008

In general terms

The essential purpose of the Regulation Report is to provide information, in one integrated, systematic and comprehensive document, of all the regulatory measures approved or undertaken during the period being reported; Additionally it sets out the assessment of the Regulator with respect to the concrete effects produced by the regulatory measures put into execution, at least, in areas which are key to the regular functioning of the communications market, such as the development of infrastructure, diversity of offers, quality of service, pricing levels and markets accountability.

Evaluating the effects of measures on the functioning of markets is obviously a constant concern and permanent occupation of the Regulator. The publication of the underlying information, compiled and processed by the Regulator, not only facilitates the understanding of regulatory activity and the Report on this activity, it also encourages greater dialogue with those being regulated and contributes to a better understanding of the measures which have been taken. The view is taken that it constitutes an element which can make its own evolution predictable and, as such, enables the recipients to act in a more conscious and planned manner in the future.

The assessment of the effects of the various regulatory measures in the framework of the internal and external constraints at a practical level which prevent the production of the desired effects or distort these effects, and the recognition of the actual effects achieved, when authored by the regulator, is key to the certainty and credibility of the analysis, assuming thereby a nature of reliability as indicators for the market which could even lead to more appropriate behaviour by agents. This not does not involve an evaluation of the Regulator, but of the knowledge of the impact of the measures, with certainty and reliability, in order to correct deviant behaviour, remove barriers on the ground and, finally, define obligations (remedies) which are more effective.

Accordingly, the Advisory Board recommends that in future regulation reports this material be approached with regard to the regulatory measures implemented, thereby broadening the improvements that the reports have manifested year after year.

In specific terms

Regarding the specific matters dealt with in the Regulation Report, the Advisory Board considers that the following observations should be brought to the attention of the Management Board:

1. Quantified information should be included in the results of specific actions of regulation and a review should be conducted of the wholesale offers launched and of mobile termination, taking the evolution of the market into consideration, in order to ensure current compatibility.

2. The delay is maintained in the development of action regarding the calculation of the cost of Universal Service (US), the definition of the concept of excessive burden and the respective rule governing the financing of costs. It is further noted that the transfer has not been completed of the Maritime Mobile Service (MMS), contrary to the provisions of DL 31/2003.

3. Furthermore, a lack of knowledge is noted on the part of market agents with regard to positions taken by ICP-ANACOM at international ''fora'' and meetings; this shortcoming requires correction, whereby it is suggested that the Management Board bestow all agents with periodic communications on this topic.