3.1. Annex 1 - Service specifications


3.1.1. Public pay-telephones provision

In accordance with article 87, point c) of the LCE, adequate provision of public pay-telephones makes up one of the provisions of the universal service.

Pursuant to article 90 of the LCE, the contracted party shall, in accordance with paragraph 3 of said article, ensure that public pay-telephones provided as part of the universal service allow:

a)  The establishment of local and national telephone calls involving geographic and non geographic numbers, in accordance with the Plano Nacional de Numeração (National Numbering Plan), and international telephone calls;

b)  Access, without charge, to the various emergency systems, using the single European emergency number "112" and other emergency and assistance numbers defined in the Plano Nacional de Numeração (National Numbering Plan), without the need to use coins, cards or any other means of payment; and

c)  Access to the comprehensive directory enquiry services under the terms defined in point c) of paragraph 1 of article 89 of the LCE.

The establishment of telephone calls as detailed above is to ensure provision of communication with all end-users, regardless of their service provider.

Public pay-telephones are to be accessible 24 hours per day, with the exception of public pay-telephones which are installed inside buildings to which access is not available on a permanent basis, constituting sites of social interest as defined in the following section, where use is subject to the opening hours of such buildings.

When installing public pay-telephones covered by the provision of the universal service, the contracted party is to ensure their compatibility with the technical standards which govern accessibility of urban buildings, and with the legal provisions applicable to the use of public spaces and installation of equipment for public use on public rights of way (particularly with the provisions of Decree-Law no. 163/2006 of 8 August). The contracted party shall further ensure that, in respect of the use of structures installed, users benefit from adequate protection from adverse weather conditions, according to the characteristics of the site of installation.

3.1.2. Offer specification

The total stocks of public pay-telephones which are to be installed and maintained annually by the contracted party in each area are as indicated in the table below.

Areas

Districts

No. of public payphones
(parishes)

No. of public payphones in
sites of social interest

No. of public payphones

(TOTAL)

North

Braga

765

1,177

4,855

Porto

688

Viana do Castelo

362

Bragança

317

Vila Real

319

Aveiro

384

Guarda

365

Viseu

478

Sub-Total

3,678

1,177

Centre

Castelo Branco

198

485

2,002

Coimbra

320

Leiria

266

Lisbon

425

Santarém

308

Sub-Total

1,517

485

South and Islands

Madeira

95

331

1,365

Azores

237

Portalegre

124

Évora

130

Setubal

154

Beja

144

Faro

150

Sub-Total

1,034

331

The contracted party shall ensure that a proportion of the total stock of public pay-telephones to be installed is adapted to the needs of disabled people in wheelchairs. No less than 5 per cent of the total stock of public pay-telephones to be installed by the contracted party in each geographical area is to be adapted for use by disabled people in wheelchairs, whereas the contracted party shall determine the most appropriate locations for such adapted pay-telephones.

For the purposes of installing public pay-telephones, sites of social interest are: (i) airports, (ii) educational establishments, (iii) prisons, (iv) metro stations, (v) hospitals and health centres, (vi) railway terminals, (vii) bus terminals, (viii) courts, and (ix) lojas do cidadão (citizen's bureaux).

Whereas equipment to be installed on public pay-telephones may accept other forms of payment, the contracted party is to ensure that 95 percent of the public pay-telephones which they install accept coins as a means of payment.

The public pay-telephones which are to be installed shall enable the performance of communications using virtual calling cards issued by other operators where these operators so request. For this purpose, if the contracted party provides the service of virtual calling cards, it should make a request to the other provider(s) of the universal service public pay-telephones in order that their cards may be used in on the public pay-telephones of such provider(s), which request is not subject to refusal.

The contracted party shall ensure that information about the services provided, as well as information about tariffs and accepted forms of payment, including, where applicable, procedures applying to the return of change, is displayed in a manner that is clear to users, at all public pay-telephones, or where this is not possible, at nearby locations.

Without prejudice to the requirement to comply with the obligations regarding the number of pay-telephones installed and respective geographic distribution, where the contracted party deems that it is necessary to remove a public pay-telephone, it shall display notice of such removal in a visible manner on the public pay-telephone which will be subject to removal, or where this is not possible at nearby locations, which notice is to be displayed at least one month in advance of the date of removal.

Likewise, without prejudice to the requirement to comply with the obligations regarding the number of pay-telephones to be installed and their respective geographical distribution, where the removal of a public pay-telephone would result in the removal of all public payphones installed at a determined location, the contracted party is required, prior to proceeding with said removal, consult potentially affected users, in particular, relevant local authorities and, where the site is one of special social interest, the bodies responsible for said site.

Prior to the removal or relocation of public pay-telephones, the contracted party shall first provide ICP-ANACOM with reasoned information.

3.1.3. Prices of calls

Provision of the universal service of public pay-telephones is to be undertaken with a view to the need to guarantee that respective pricing remains affordable for end-users of the service, ensuring that end-users are able to make use of a means to access a public communications network and use said network to make telephone calls.

The pricing of the contracted services is to be based on the principles of non-discrimination, guaranteeing in the application thereof equivalent conditions to all users in equivalent circumstances and geographic uniformity.

In furtherance of the general objective of affordability and the principles of non-discrimination and tariff uniformity, the contracted party shall provide a tariff which is applied uniformly in each one the geographical areas comprising the provision of the universal service and between all geographical areas in which the provision is contracted.

The contracted party undertakes to comply with the annual price cap not exceeding CPI-2.75 percent, applicable to the price component of communications to the same network and to other fixed and mobile networks. Compliance with this rule will be verified on an annual basis, except in the first and second years of the contract for which it shall be guaranteed that the accumulated variation in pricing corresponds, as a minimum, to the application of the price cap over two years.

In compliance with the price cap rule, when the inflation rate is equal to or less than 2.75 percent, the contracted party will not be obliged to implement a negative nominal variation and may maintain prices as unchanged.

The starting point for prices to be charged by the contracted party is the price charged by the current USP (PT Comunicações) as on the date of publication of the documents comprising the tender, under the tarifário de postos públicos (public pay-telephone tariff), whereby a uniform price is applicable to calls originating on public pay-telephones and made to the same network and to other fixed networks.

The contracted party shall, on an annual basis, and in conjunction with the remaining designated providers of the universal service of public pay-telephones, and as appropriate, agree on the best means of reflecting the application of the price cap in compliance with the terms and conditions set forth in the present Decision. This agreement is to be submitted to ICP-ANACOM for approval no later than the end of September in the year prior to the entry into force of tarifário de postos públicos (public pay-telephone tariff). In the event that no agreement is reached, ICP-ANACOM will, no later than in December of the same year and with basis in the profiling of overall traffic, establish the price at a national level.

3.1.4. Wholesale conditions

The contracted party is entitled to receive the supplement resulting from calls originating from the public pay-telephones of the contracted party which are not supported over the contracted party's own infrastructure, in accordance at all times with the stipulation established by ICP-ANACOM with regard to the reference interconnection offer of PT Comunicações SA, with respect to the origination of calls on public pay-telephones.

3.1.5. Publication of information

The contracted party is required, on an annual basis, to publish detailed information on public pay-telephones which are available, by contracted geographical area, with data disaggregated by parish, respective municipalities and districts.

This information shall also specify the means of payment accepted by the public pay-telephones in question, and, where applicable, the procedures adopted governing the return of change, features provided for users with special needs and other features provided by the total stock of public pay-telephones.