4.1.1. Directories and directory enquiry services
In accordance with the provisions of article 89, paragraph 1 of the LCE, the contracted party is to ensure the following provisions:
a) Develop and publish a comprehensive directory service and make it available to end-users, in printed form, whereas the contracted party may give end-users the option of receiving the directory in electronic format;
b) Provide a comprehensive telephone directory enquiry service through the number 118, involving the provision of data contained in the comprehensive directory as referred to in point a).
The contracted party shall ensure that the comprehensive directory is updated on an annual basis and made available with the same frequency to all users of publicly available telephone services.
The contracted party may ensure provision of the comprehensive directory service through the preparation, publication and provision of various directories organized by geographical area.
The contracted party shall guarantee that the comprehensive telephone directory enquiry service is made subject to periodic updates, in accordance with the stipulations of the present annex.
4.1.2. Information to be compiled from providers of publicly available telephone services
For the purposes of including customer information in the comprehensive directory service and, likewise, for purposes of the information to provided in respect of the comprehensive telephone directory enquiry service, the contracted party is required to compile the following information, on an annual basis, from all providers of publicly available telephone services in activity in Portugal and in respect of all users who have authorized the release of their data under the terms of legislation governing the processing of personal data and privacy protection in the electronic communications sector:
a) Name of the customer;
b) Address or postal code of the customer (address is not applicable where access is mobile);
c) Telephone numbers;
d) Type of use (telephone/fax) (not applicable where access is mobile);
e) Address of installation (not applicable where access is mobile);
f) Name to be given in the directory;
g) Data on the modification of data;
h) Identification of the provider.
The contracted party shall guarantee that users of publicly available telephone services are able to check the personal data contained in the telephone directories and directory enquiry service, enabling the correction of any errors or omissions, and ensuring compliance with relevant legislation on the processing of personal data.
The contracted party shall guarantee that the initial inclusion of information in respect of the comprehensive telephone directory enquiry service is made no less than 30 days following delivery of such information.
For the purposes of updating the information to be provided in connection with the provision of the comprehensive telephone directory enquiry service, the contracted party is required to make the updates sent by the various providers available within a period not exceeding 5 working days following the receipt thereof.
The contracted party shall guarantee that the information which is transmitted to it is not used for any other purpose, other than those purposes as result from compliance with the obligations inherent to the contracted services.
4.1.3. Information to be provided in the comprehensive telephone directory
The presentation of customer records are to take into account the need to facilitate consultation of the directories, respecting the principle of non-discrimination and technological neutrality and compliance with standards governing the protection of personal data and privacy.
The contracted party shall guarantee that records which are part of the telephone directory service are presented according to the following method of ordering.
a) In alphabetical order of customers of the telephone services in Portugal without any division or identification by operator;
b) By ascending order of numbers, according to the Plano Nacional de Numeração (National Numbering Plan).
The second criterion applies only to customers of more than one provider and/or customers who have more than one access line.
The preliminary pages of the printed version of the comprehensive directory, is to contain, separately and independently from spaces which the contracted party, if it sees fit, reserves for publicity, the following information of a utilitarian nature, which shall be clearly marked as such:
a) Contact numbers of emergency services, comprising in particular the national emergency phone number - 112, the SOS intoxication number, the numbers of hospital emergency departments, Centro de Busca e Salvamento Marítimo (Maritime Search and Rescue Centre), fire services, emergencies of the Cruz Vermelha Portuguesa (Portuguese Red Cross), Police, Protection of Forests and the National Social Emergency Line, regardless of which electronic communications service provider supports them, as well as the respective communications costs;
b) Contact numbers of public utility counselling and support services, comprising namely the contact numbers for the Associação de Apoio à Vítima (Association for Victim Support), Comissão para a Igualdade e para o Direito das Mulheres (Commission for Women Equality and Rights), Citizen / Elderly / Disabled / Life / Child / Aids / Cancer Lines, regardless of which electronic communications service provider supports them, as well as the respective communications costs;
c) Identification and telephone numbers of customer support services and of directory enquiry services of each provider of publicly available electronic communications services that so request, identifying the communications costs of such services, as well as the websites of each of the referred providers;
d) National and international country codes.
In order to ensure the inclusion of information stipulated in point c), providers of publicly available electronic communications services shall report to the contracted party the data they intend to include in the preliminary pages of directories. Such information is to be published whenever it is communicated to the contracted party at least 25 working days in advance of the closure date of the directory's edition.
Whenever requested, the contracted party is to inform the providers of electronic communications services of the closure dates of the editions of each directory, the closure of which is due within 60 days, notwithstanding that such information may be provided on its website.
The information of utilitarian nature referred to in points a) to d) is to be included in the directory in a non-discriminatory manner and without any charge to announcing entities.
4.1.4. Information to be provided in comprehensive telephone directory enquiry service
The contracted party shall ensure that the comprehensive telephone directory enquiry service is available 24 hours a day on all days of the year, whereas it is to be accessible from all providers of publicly available telephone services.
The contracted party shall further guarantee that this service makes it possible for all end-users to obtain information concerning:
a) telephone numbers based on the customer's name or address;
b) customer names or addresses based on telephone number.
User may make up to 2 enquiries per call.
4.1.5. Publicity in the provision of the universal service
The contracted party may not convey any type of publicity message through the telephone directory enquiry service provided using the 118 number.
The contracted party may, if it sees fit, include publicity in the printed telephone directory to be made available in respect of the universal service, provided that the following conditions are observed:
a) The inclusion of publicity may not lead to a distortion of the telephone directory service nor may it prevent directory users from obtaining information on subscribers of telephone services in a swift and effective manner;
b) Publicity is to be restricted to a limited area, clearly identified as being a space reserved for publicity, by including the word "PUBLICIDADE" (ADVERTISING) at the top of the page where it is inserted;
c) The contracted party shall announce and maintain as available to interested parties, no less than three months in advance of the closing date of the selling campaign, information on the conditions governing inclusion of publicity in directories, including pricing, as well as time limits and procedures to be followed for this purpose;
d) The contracted party shall guarantee that all electronic communications service providers have, under the same conditions, identical spaces to disclose and announce the provision and conditions of use of the service provided.
Where the contracted party undertakes publication of the comprehensive directory contracted in respect of the provision of the universal service jointly with directories which provide publicity, it shall ensure that both directories are clearly identified and delimited, both by the different colours of paper on which it is printed, and by separators that unmistakably indicate the beginning and end of each edition.
4.1.6. Affordability
The contracted party may not charge telephone service providers in consideration for the processing and disseminating information, for preparation, publication and provision of telephone directories or for the comprehensive telephone directory enquiry service.
In accordance with paragraph 2 of article 89 of the LCE, undertakings which provide publicly available telephone services are to reach agreement with the contracted party as to the format and conditions by which they shall provides relevant information on their subscribers, which conditions are to be fair, objective, cost oriented and non-discriminatory. Failing such agreement, the provisions of paragraphs 3 and 4 of article 89 of the LCE apply.
4.1.6.1. Comprehensive Telephone Directory
The contracted party shall ensure the publication and distribution of the comprehensive directory, on a free-of-charge basis, to all end-users regardless of their provider.
4.1.6.2. Telephone Directory enquiry service
The contracted party is to be remunerated according to the retail price of calls made to the comprehensive telephone directory enquiry service, and shall, for each call, pay the access provider in respect of the price of origination and billing and collection, in accordance with that provider's interconnection tariff.
The retail price of the comprehensive telephone directory enquiry service charged by the contracted party during the period covered by the contract may be adjusted annually in line with the rate of CPI.
The starting point for the prices to be charged by the contracted party is to be the price charged by the designated contracted party as on the publication date of the legal instruments comprising the tender, in the tarifário do serviço de informação de listas (directory enquiry service tariff).
4.1.7. Offers for people with disabilities
In furtherance of the provisions of paragraph 1 of article 91 of the LCE, the contracted party shall make special offers available to ensure that disabled end-users have access to the comprehensive telephone directory service and comprehensive telephone directory enquiry service in an equivalent manner to other end-users
End-users with disabilities are deemed to include end-users who are blind or partially sighted.
The contracted party is to allow such end-users as referred to in the preceding paragraph to make 20 calls per month without charge, on a non-cumulative basis, to the telephone directory enquiry service.
The contracted party shall make the offer referred to above available to users who are carriers of a Certidão Multiuso (Multipurpose Certificate) issued pursuant to Decree-Law no. 174/97 of 19 July, amending Decree-Law no. 202/96 of 23 October, a current membership card with a disabled association with which the user is registered, or medical certificate attesting that the user is a visually impaired person.
