''Homephone'' offer presented by Vodafone Portugal

Offer of the ''Homephone'' service by VODAFONE PORTUGAL - Comunicações Pessoais, S.A.

On 8.8.2006, VODAFONE PORTUGAL - Comunicações Pessoais, S.A. (VODAFONE) submitted to ICP-ANACOM, under article 21 of Law no. 5/2004, of 10 February, a communication on the beginning of the offer of a new electronic communications service, called Homephone. VODAFONE requested also, pursuant to paragraph 1 of article 21 of Law no. 5/2004, of 10 February, the authorization to use the GSM and UMTS frequencies which are allocated thereto in the local access for the provision of services in a well-defined geographic location.

On 14.09.2006, the Board of Directors of ICP-ANACOM determined to adopt the following draft decision:

«1. To allow VODAFONE to use the GSM and UMTS frequencies of the terrestrial mobile network in the local access network for the provision of the telephone service at a fixed location, with the typical features of the service presented to ICP-ANACOM on 8.8.2006, provided that the following conditions are complied with:

a) The service access must be secured through a terminal connected to a single pre-determined BTS when calls are made, received and maintained;

b) In exceptional cases, justified technically and acknowledged as such ICP-ANACOM, the terminal may be associated to two, or at the most, three, pre-determined BTSs;

c) The restrictions laid down in the previous points must be ensured within 10 days at the most after the service has been activated.

2. To recognise the right of VODAFONE to use the PNN numbering range “2” in the context of the service, provided that the conditions set forth in this deliberation are fulfilled.

3. To determine that VODAFONE must maintain a record of all terminals and associated BTSs, including the following information:

a) The address declared by the end user for access to the service;

b) The telephone number of the end user;

c) The date of activation of the service;

d) The identification, including the geographic coordinates, of the BTS or, exceptionally, of the BTSs associated to the mobile terminal, after the respective selection procedure.

4. To determine that VODAFONE must present to ICP-ANACOM, within 15 working days from this determination, the description of the technical procedure used to select the BTSs, as well as a description of the typical kinds of situation which require a connection to more than one BTS.

5. To determine that VODAFONE must provide end users with clear and transparent information on the features of the service, in particular making the following quite clear:

a) The guarantee that the access to the service is ensured only for the address declared by the end user for this purpose;

b) Any indoor access limitations which may exist;

c) Impact in terms of locating the caller in calls made to the single European emergency number (112).

6. To submit the above determinations to the prior hearing of VODAFONE, pursuant to articles 100 and following of the Code of Administrative Procedure, the time limit for presentation of observations in writing by the company being set at 10 working days, as well as to the general consultation procedure, pursuant to paragraph 2 of article 20 of Law no. 5/2004 of 10 February, the time limit for presentation of observations by interested parties being set at 10 working days;

7. To make the effective provision by VODAFONE of the service under consideration subject to the decision taken following the procedures mentioned in the preceding paragraph».

At the end of the prior hearing procedure and general consultation procedure, all contributions received were analysed and a report was drawn up comprising the assessment of issues raised by interested parties. The detailed analysis of raised issues is included, as mentioned above, in the attached Report, and represents the reasoning for this determination.

In the light of the conclusions put forward, the Board of Directors of ANACOM, in the scope of assignments conferred by points b), c), f) and h) of paragraph 1 of article 6 of its Statutes, approved by Decree-Law no. 309/2001 of 7 December, in carrying out the regulatory objectives established in points a) and c) of paragraph 1, in point d) of paragraph 2 and in point d) of paragraph 4, all of article 5 of Law no. 5/2004, of 10 February, and under article 15, paragraph 1, article 17, paragraph 2, points a) and b), article 20, paragraph 1, article 32, paragraph 2 and article 34, paragraph 2, all of the same Law, hereby determines to approve:

a) The report on the prior hearing and general consultation procedure, comprised in the annex hereto;

b) The following final decision on the offer, by VODAFONE PORTUGAL - Comunicações Pessoais, S.A., of the electronic communications service known as Homephone:

1. To allow VODAFONE to use the GSM and UMTS frequencies of the terrestrial mobile network in the local access network for the provision of the telephone service at a fixed location, with the typical features of the service presented to ICP-ANACOM on 8.8.2006, provided that the following conditions are complied with: