Annex 1 - Definition of the quality of service parameters and performance objectives applying to the universal service

Supply time for initial network connection (PQS1)

The ''supply time for initial network connection'' shall correspond, with the necessary adaptations, carried out below, to the respective parameter of quality of service defined in the regulation on quality applicable to the telephone service at a fixed location.

Along the lines of the definition presented in the regulation on quality applicable to the telephone service at a fixed location, the ''supply time for initial network connection'' (PQS1) corresponds to the measurement of the time duration, in calendar days, from the instant a valid service order is made by a consumer to the universal service provider regarding the supply of a connection to the public telephone network at a fixed location, to the instant the access thereto is made available.

For PQS1 measurement purposes and following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, the supply of a connection to the public telephone network at a fixed location means installing and making effectively available to the consumer, for his use, a connection between the local switching central or concentrator of the universal service provider and the first terminal device for exclusive use of the consumer, or in alternative, a connection to the consumer’s network, pursuant to legislation in force regarding telecommunication infrastructure in buildings. Additionally, the PQS1 measurement shall be only carried out regarding connection requests which cover simultaneously the connection to the network and the activation of the telephone service at a fixed location.

For the same purpose, and following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, a valid service order to supply a connection means any solicitation made to the universal service provider and accepted by it, concerning: (i) the supply of a new connection (consumer’s first connection or new connection on account of a consumer’s change of address); or (ii) supply of an additional connection, at the same or a different address, to a consumer who already engaged the service. However, in the latter situation, migrations from analogue lines to ISDN lines shall not be accounted for PQS1 measurement purposes.

Following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, the situations of installation of a new connection to the public telephone network at a fixed location simultaneously with the provision of broadband technologies shall not be excluded for PQS1 measurement purposes.

Where a request for installation involves more than one connection, the installation of each one of these connections shall be accounted in separate for PQS1 measurement purposes.

It should be noted that, for PQS1 measurement purposes, temporary installations, which refer to those the duration of which is of one month at the most, shall not be considered.

Information to be provided by the universal service provider in the scope of the PQS1: (a) delay values in the supply of connections which correspond to 95% and 99% of the swifter installations, where the consumer does not define a target date; (b) rate of supply requests fulfilled up to the date agreed with the consumer, where the consumer defines a target date; and (c) ratio between the number of initial connections supplied, the consumer having established a target date, and the total number of initial connections supplied.

For PQS1 measurement purposes, a target date is deemed to exist where the consumer requests the installation subsequently to the date which results from the application of the average time necessary for an initial connection. This information must be published and made available to consumers pursuant to article 40 of Law n.º 5/2004, and likewise must be included in the contract to be concluded between the consumer and the company providing the service, under point b) of paragraph 1 of article 48 of the same statutory instrument.

Moreover, the supply time limit must be considered from the date of reception of the request by the providing company or from the date of amendments/additions to agreements already signed, or from the date agreed with the consumer, where appropriate. In the latter situation, the date agreed with the consumer means any date requested by the consumer and accepted by the universal service provider, or any date set by the universal service provider and not refused by the consumer. In case the first date agreed with the consumer is postponed and a new date is later established, for reasons imputable to the universal service provider, the first date shall be considered for PQS1 measurement purposes.

The PQS1 measurement shall disregard: (i) time imputable to the consumer that elapses from the moment the universal service provider is informed or is aware of the fact that the premises of the consumer do not offer conditions for the supply of the connection, up to the moment the referred situation is cleared; and (ii) the delays associated to the installation of the first terminal device for the consumer’s exclusive use or of the consumer’s network, pursuant to legislation in force regarding telecommunication infrastructure in buildings, where such installation is not under the responsibility of the universal service provider. In the first situation, the periods of time between delays imputable to the consumer, where they exist, are deemed as being under the responsibility of the universal service provider, and as such, shall be added up for PQS1 measurement purposes.

Contrary to what has been established for the regulation on quality applicable to the telephone service at a fixed location, the PQS1 applies only to analogue accesses.

I - Fault rate per access line (PQS2)

The ''fault rate per access line'' shall correspond, with the necessary adaptations, carried out below, to the respective parameter of quality of service defined in the regulation on quality applicable to the telephone service at a fixed location.

Along the lines of the definition presented in the regulation on quality applicable to the telephone service at a fixed location, the ''fault rate per access line'' (PQS2) corresponds to the number of valid fault reports made by consumers to the services of the universal service provider, for reasons of disrupted or degraded service attributable to the network of the universal service provider or any public network interconnected thereto, and involved in eligible communications for  PQS2 calculation purposes.

For PQS2 measurement purposes and following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, the services of the universal service provider undertaking shall mean the services intended for the report of faults on the part of consumers.

Following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, a fault report shall be deemed valid where the universal service provider: (i) is able to confirm the existence of the fault after a test is made; or (ii) has means to verify that the fault actually took place, even if it disappears when the test is carried out.

Moreover, for PQS2 measurement purposes, faults and accesses shall be accounted for evenly, even where they have been reported by the same consumer, and common faults, which affect several consumers, shall be accounted for by the number of consumer reports associated to each fault. Without prejudice to the latter aspect, until the fault has been repaired by the universal service provider, the reports on the same access shall be accounted for as a single report.

PQS2 measurement shall not consider: (i) reports concerning the physical state of public pay phones for the access to the telephone service at a fixed location; (ii) faults in the equipment on the side of the consumer; and (iii) network faults from the first terminal device for the consumer’s exclusive use, pursuant to legislation in force regarding telecommunication infrastructure in buildings. Without prejudice to the first situation mentioned above, reports on faults concerning communications made from public pay phones where the disrupted or degraded service is attributable to the network of the universal service provider shall be considered for PQS2 measurement purposes.

In the scope of the PQS2, the universal service provider shall provide information on the total number of faults reported during the reference period.

The PQS2 shall be calculated by dividing the total number of faults reported during the reference period by the average access park for the same period. For PQS2 measurement purposes, all analogue accesses (including public pay phones for the access to the telephone service at a fixed location) made available by the universal service provider shall be considered.

II - Fault repair time (PQS3)

The ''fault repair time'' shall correspond to the respective parameter of quality of service defined in the regulation on quality applicable to the telephone service at a fixed location.

As with the definition on the quality regulation applying to the telephone service at a fixed location, ''damage repair time'' (PQS3) is the time measured during consecutive hours from the moment that the consumer informs the services of the universal service provider of a valid equipment failure existing on the universal service provider’s network or in any other public network connected to it, until the complete reestablishment of the corresponding service - and as with in the quality of service regulation, only the analogue accesses are included, in accordance with recital 8 of Directive 2002/22/EC.

For PQS3 measurement purposes, and following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, the following definitions shall apply: (i) services of the universal service provider shall mean services intended for the report of faults on the part of consumers; (2) full normal working order shall mean the restore of the initial situation that existed before the fault occurred, that is, the resolution of the problem reported by the consumer, which corresponds to the moment of notification by the universal service provider to the consumer concerning the fault repair, this notification not being contested by the consumer within at the most 5 working days. Likewise, valid fault reports considered shall correspond to valid fault reports defined in the scope of PQS2.

For PQS3 measurement purposes, the instant in which the universal service provider is made aware of the fault for the first time, following a consumer report, shall be considered. This shall apply in particular in the case of faults reported more than once, whether or not by the same consumer.

The PQS3 measurement shall not take into consideration the time elapsed between the date, or hour, of a fault repair scheduled initially by the universal service provider and a later date, or hour, scheduled at the convenience of the consumer.

For PQS3 measurement purposes, all valid faults repaired within the reference period, regardless of the report date, shall be considered.
PQS3 measurement shall not consider situations where: (i) following a prior notice of the visit, it is impossible to restore the service to full normal working order for reasons imputable to the consumer; and (ii) the universal service provider provides a swifter repair service through the payment of an additional amount.

Information to be provided by the universal service provider in the scope of the PQS3: (a) time to repair faults of the local access network which correspond to 80% and 95% percentile values of the swifter repairs; (b) time to repair other type of faults, which correspond to 80% and 95% percentile values of the swifter repairs; (c) rate of repairs carried out within the repair time limit established by the universal service provider, intended to be offered to consumers. In the scope of the latter information, the universal service provider shall also provide information on the fault repair time limit it has established to be offered to the consumers for the reference period.

For PQS3 measurement purposes, and following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, faults in the local access network shall mean those imputable to the connection between the first concentration point of the concentrator of the universal service provider network and the first terminal device for exclusive use of the consumer, or in alternative, to the connection to the consumer’s network, pursuant to legislation in force regarding telecommunications infrastructure in buildings. Likewise, ''other repairs'' shall mean those deemed not to be imputable to the local access network.

In the scope of the PQS3, the universal service provider shall also provide information numbers for access to services provided for fault report purposes.

III - Response time for operator services (PQS4)

The ''response time for operator services'' shall correspond to the respective parameter of quality of service defined in the regulation on quality applicable to the telephone service at a fixed location.

Along the lines of the definition presented in the regulation on quality applicable to the telephone service at a fixed location, the ''response time for operator services'' (PQS4) corresponds to the measurement of time duration, in seconds, from the instant the calling signal is established to the instant the call is answered by the human operator, for the provision of the service effectively desired by the consumer.

For PQS4 measurement purposes, and following the considerations made in the regulation on quality applicable to the telephone service at a fixed location, operator services shall mean those services with specific access codes used for the establishment of any communications with assistant intervention, to be charged at the destination or not, and whether the destination network is fixed or mobile, intended to support difficulties in obtaining calls. Likewise, the time spent in going through the reply systems activated by voice or other means, up to the moment the call is actually taken by the human operator, shall be considered.

PQS4 measurement shall not consider: (i) Services provided wholly by automatic response systems; (ii) emergency services; (iii) time spent with the treatment of the request made by the consumer of the service effectively desired, namely the conversation time between the caller and the human operator.

Information to be provided by the universal service provider in the scope of the PQS4: (a) average response time for operator services; and (b) rate of calls for operator services taken within 20 seconds by the human operator.

For PQS4 measurement purposes, the full list of events occurred shall be considered for the reference period.

It should be noted that in case the universal service provider subcontracts a third entity to provide operator services, it remains responsible for submitting results associated to PQS4 to ICP-ANACOM, as well as for the fulfilment of performance targets applicable to PQS4.

IV - Unsuccessful calls (PQS5)

Along the lines of the definition presented in version 1.1.1 of the document ETSI EG 201 769-1, ''unsuccessful calls'' (PQS5) correspond to the measurement of call attempts to a valid number, properly dialled, where neither a busy tone, nor a ringing tone, is recognized within 30 seconds from the instant when the address information required for setting up a call is received by the network of the universal service provider.

Information to be provided by the universal service provider in the scope of the PQS5: (a) total number of eligible calls for PQS5 calculation purposes broken down by national calls and international calls; (b) proportion of unsuccessful calls in the case of national calls; and (c) proportion of unsuccessful calls in the case of international calls.

PQS5 measurement shall be carried out at the level of local switches, through the data collection for a representative sample of actual outgoing traffic (a week per month, seven days and twenty four hours a day), throughout the year.

PQS5 measurement shall not consider calls handed by the universal service provider to an indirect access provider.

V - Call set-up time (PQS6)

Along the lines of the definition presented in version 1.1.1 of the document ETSI EG 201 769-1, the ''call set-up time'' (PQS6) corresponds to the measurement of time duration, in seconds, from the instant the address information required for setting up a call is received by the network of the universal service provider and until a busy tone or a ringing tone is received by the consumer.

Information to be provided by the universal service provider in the scope of the PQS6: (a) total number of eligible calls for PQS6 calculation purposes broken down by national calls and international calls; (b) necessary period of time to set up national calls which corresponds to 100% of calls and 95% of swifter calls; and (c) necessary period of time to set up international calls which corresponds to 100% of calls and 95% of swifter calls.
 
PQS6 measurement shall be carried out, as provided for in version 1.1.1 of the document ETSI EG 201 769-1, at the level of local switches, through the data collection for a representative sample of actual outgoing traffic. Following the considerations made in the Convention, data must be collected in the course of a week per month, seven days and twenty four hours a day.

PQS6 measurement shall not consider: (i) unsuccessful calls; and (ii) calls handed by the universal service provider to an indirect access provider that carries out the termination and charging of consumers. On the contrary, calls to ported numbers shall be accounted for.

VI - Response time for directory enquiry services (PQS7)

Along the lines of the definition presented in version 1.1.1 of the document ETSI EG 201 769-1, the ''response time for directory enquiry services'' (PQS7) corresponds to the measurement of time duration, in seconds, from the instant the a calling signal is established to the instant the call is answered by a human operator or an equivalent response system, activated by voice or any other means, for the provision of the information effectively desired by the consumer.

To measure PQS7, the directory enquiry services refer solely to the ''118'' service. As provided for in version 1.1.1 of the document ETSI EG 201 769-1, the periods of time spent by the consumer (i) because the human operator or an equivalent response system are busy, and (ii) in going through the equivalent systems activated by voice or other means, up to the moment the call is effectively taken by the human operator or an equivalent response system, shall be accounted for.

PQS7 measurement shall not consider the time spent with the treatment of the request made by the consumer for the information effectively desired, namely the conversation time between the consumer and the human operator or an equivalent response system, and the response time of a database used by the human operator or an equivalent response system.

Information to be provided by the universal service provider in the scope of the PQS7: (a) directory enquiry services mean time to answer; (b) Proportion of calls answered within 20 seconds by human operators or equivalent response systems.

Considering that the operation of the attendance system supporting the information service is based on a single national line, PQS7 may only be measured at national level.

For PQS7 measurement purposes, the total number of calls for directory enquiry services answered within 20 seconds by human operators or equivalent response systems services established within the reference period shall be considered, regardless of their origin.

It should be noted that in case the universal service provider subcontracts a third entity to provide directory enquiry services, it remains responsible for the fulfilment of performance targets applicable to PQS7, as well as for submitting results associated to PQS7 to ICP-ANACOM.

VII - Proportion of coin and card operated public pay-telephones in working order (PQS8)

Along the lines of the definition presented in version 1.1.1 of the document ETSI EG 201 769-1, the ''proportion of coin and card operated public pay-telephones in working order'' (PQS8) corresponds to the measurement of time duration, in days, in the course of which public pay-telephones are in full working order.

For PQS8 measurement purposes, and following the considerations made in the document ETSI EG 201 769-1, a public pay-telephone is deemed in full working order where the consumer is able to make use of the services advertised as normally available. In this context, working order refers, in particular, to the physical conditions of the pay-telephone, the dialling tone, and call conclusion and due charge. A public pay-telephone is deemed not in full working order where it accepts coins and card as means of payment and only one means or both are not operational.

In the scope of the PQS8, the universal service provider must provide information on the total number of whole days during which public pay-telephones are in full working order within the reference period, and for this purpose, reliable and auditable registers must be kept on the commencement and duration of the public pay-telephones damage.

PQS8 shall be calculated by dividing the total number of whole days during which the public pay-telephones are in full working order by the potential number of operational days of the average public pay-telephones park.

VIII - Invoice correctness complaints (PQS9)

Along the lines of the definition presented in version 1.1.1 of the document ETSI EG 201 769-1, ''bill correctness complaints'' correspond to the measurement of the number of bills related to services comprised in the universal service claimed by consumers, on ground of alleged inaccuracy of amounts billed.

For PQS9 measurement purposes, all bills claimed which have been issued within the reference period shall be considered, regardless of the result of the assessment thereon and of the accounting period. Complaints on bill correctness shall not include requests for information on bills.

Complaints on bills concerning services comprised in the universal service issued by other entities, particularly in the scope of the subscriber line resale offer (SLRO ) shall be only accounted for in case the complaint refers to data necessary to the billing and charging of services under consideration submitted by the universal service provider to other entities.

PQS9 measurement shall include complaints solved by telephone or in the presence of the consumer.

As a rule, each bill may only once be accounted for in the PQS9. The exceptions to this situation take place only in the case of bills which have been previously analysed and to which the universal service provider has already provided a response, reporting to new factors; these complaints may be accounted for as new complaints.

In the scope of PQS9 measurement, the universal service provider must provide information on the total number of valid complaints on bills related to services comprised in the universal service. This information shall be broken down according to whether bills under consideration are issued by the universal service provider or by other entities, particularly in the scope of the SLRO .

PQS9 must be calculated by getting the ratio of invoice correctness complaints over the overall number of issued invoices.