Given the analysis conducted and whereas:
(a) Grupo PT is subject to obligations of access, transparency and non-discrimination on the market for wholesale (physical) network infrastructure access at a fixed location, on the market for wholesale broadband access, on the wholesale market for terminating segments of leased lines, on the wholesale market for trunk segments of leased lines consisting of "Routes NC" and on the markets for access to the public telephone network at a fixed location for residential and non-residential customers, being thereby obliged to publish reference offers.
(b) One of the essential services in the various reference offers is the repair service, the terms of which are to be clearly defined.
(c) Auditing of the indicators of quality of service with respect to local loop access and the leased lines service of PTC identified points warranting improvement and made recommendations regarding certain aspects of the fault repair process.
(d) Concerns have been raised by the offer beneficiaries as regards the commencement and closure of the measured period of fault repair time, as regards the reoccurrence of faults, as regards the improper closures of faults, as regards disagreements over the allocation of responsibilities, as regards the effect of seasonality on repair times and as regards the evaluation of indicators and payment of compensation in respect of non-compliance.
(e) The procedures to be adopted in the measurement of fault repair times, as set out in wholesale offers, should be clearly defined so that there is no question or different approaches adopted in their measurement by PTC and the beneficiaries of these offers.
(f) The market analyses adopted by ICP-ANACOM, with the involvement of the European Commission as under the law, warrant development, especially in the deployment of the obligations therein.
(g) ICP-ANACOM shall conduct a periodic review of the wholesale offers.
(h) The present determination involves measures with significant impact on the market concerned.
(i) In accordance with paragraph 1 of article 57 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, where the decisions to be adopted affect trade between Member States, the NRA shall make, by suitable means, the substantiated draft decision measure simultaneously accessible to the European Commission, to the Body of European Regulators for Electronic Communications (BEREC) and to the national regulatory authorities of other Member States, indicating any confidential information therein.
(j) Under the terms of Commission Recommendation 2008/850/EC of 15 October on notifications, time limits and consultations provided for in article 7 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, with reference to a common regulatory framework for electronic communications networks and services, draft measures that change the technical details of previously imposed regulatory remedies and do not have an appreciable impact on the market (e.g. annual updates of costs and estimates of accounting models, reporting times, delivery times), should be made available to the Commission by means of the short notification form contained in Annex II to said Recommendation.
(k) By determination of 20.10.2011, the Management Board of ICP-ANACOM decided to conduct a prior hearing of interested parties and to undertake the general consultation procedure in respect of the draft determination proposed, incorporating the comments received and the respective analysis and reasoning, as set out in the "Report of the prior hearing and general consultation on the draft determination on the procedures to be followed in evaluating quality of service of regulated wholesale offers".
(l) By determination of 16 February 2012, the Management Board of ICP-ANACOM approved the draft decision to be submitted to the specific consultation procedure comprising the European Commission (EC), Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities of other Member States of the European Union, on the procedures to be followed in evaluating quality of service of regulated wholesale offers, likewise giving approval to the report on the prior hearing and the public consultation to which the corresponding draft decision was submitted, following said determination of 20.10.2011.
(m) By letter dated 22.03.2012, the European Commission ruled on the notified draft decision, presenting no comments thereon.
Pursuant to the powers set out in point b), e), f), h) and n) of paragraph 1 of article 6 of the Statutes of ICP-ANACOM, as approved by Decree-Law no. 309/2001 of 7 December, in the exercise of its powers and responsibilities, as set out in points b) and g) of article 9 of the same Statutes, taking into account the regulatory objectives set out in paragraphs a) and c) of paragraph 1 and point b) of paragraph 2, both of article 5 of Law no. 5/2004 of 10 February and in execution of measures determined subsequent to the analysis of the market for wholesale market for terminating segments of leased lines and the wholesale market for trunk segments of leased lines consisting of "Routes NC", the Management Board of ICP-ANACOM determines the following:
PTC shall amend the various reference offers as stipulate time limits for the repair of faults (RUO, LLRO, RELLO, Rede ADSL PT, WLRO), within a period of 30 working days following notification of the final decision of ICP-ANACOM, in compliance with the following points:
D 1. The measurement of fault repair time commences from the instant that PTC receives notification that a valid fault has occurred.
D 2. The closure of the fault repair time corresponds to the instant that PTC informs the beneficiary (immediately following the fault's repair, by phone and through an IVR system) that the fault has been resolved (whereas the period of time made available to the beneficiary to confirm said resolution may be included), notwithstanding subsequent notification by e-mail and without prejudice to D 3.
D 3. The beneficiary, after being informed by PTC, in accordance with D 2, shall have a determined period (depending on the reference offer in question and taking into account the practice already followed by PTC) to report to PTC, via IVR, that the fault persists, describing the fault/problem, whereby the fault shall remain open. Where, within the specified period, the beneficiary fails to report that the fault persists, the fault may be considered as closed from the instant of PTC's communication, as referred to in D 2.
D 4. The period of time that elapses between the instant of notification by PTC, as referred to in D 2, and the instant that the recipient informs PTC that the fault persists is to be considered for purposes of calculating the fault repair time, provided that the information communicated by the beneficiary is communicated within the maximum period as may be defined pursuant to D 3.
D 5. Between the instant of commencing measurement of the fault repair time and its closure, other customer-pending periods may occur, the criteria for which periods are to be clearly defined in the offer and consideration of which is to be reported, on a case-by-case basis, to the beneficiary.
D 6. A mechanism is to be included in the RUO, in the LLRO, in the RELLO and in Rede ADSL PT providing for joint interventions, enabling beneficiaries to schedule a joint operation by technicians from both companies for improved fault detection and repair. The procedures to be followed as regards joint interventions shall include:
(a) The definition of joint intervention scheduling/rescheduling times, with inclusion of a system of windows for sequential scheduling.
(b) Prior and express establishment of the date, time and place for the technicians to meet and minimum waiting period.
(c) The availability and dissemination of the contacts of those involved in the joint intervention, which may, if warranted, be the operator customer service contact centres.
(d) The requirement for timely contact (e.g. by telephone) when personnel are unable to attend joint intervention within the defined period, which contact may be made, if warranted, through the operator customer service contact centres.
(e) The obligation not to depart the designated location without previously contacting the absent personnel (which contact may be made through the operator customer service contact centres), for which information on the date, time and location of scheduling must be clearly provided.
(f) The definition of procedures to report joint interventions as are performed (date and time, reason, duration and outcome of the joint intervention with assessment of parties as to their responsibility in resolution of the fault and identification and signature of the technicians involved).
(g) The definition of principles to be applied in the recovery of costs in joint interventions, including the cost to be incurred by the party responsible for the fault as to the other party.
(h) The possibility of single scheduling for resolution of faults in multiple loops located on the same customer site.
D 7. PTC shall agree a solution with beneficiaries as on disagreements regarding the allocation of responsibility for faults, which solution shall apply both to invoicing and to the calculation of performance measurements and respective compensation for failures to meet targets, considering, in principle, that, unless otherwise agreed and where there are questions as to the allocation of responsibilities, PTC shall properly substantiate, on a case-by-case basis, any situation where it deems that a fault is not due consideration, through tests performed - indicating the respective time and date. In invoices sent by PTC to the beneficiary for improper notifications of faults, the faults in question are to be identified, allowing identification of repair requests as considered in this invoice. To this purpose, PTC is required to submit a proposal to the beneficiary within a period of 15 working days following notification of the final decision, whereas beneficiaries are required to submit any comments to PTC within 10 working days following receipt of PTC's proposal. PTC is to include the adopted solution in the relevant offers within 40 working days following notification of the final decision and shall take such comments as are submitted by the beneficiaries into account, providing reasoning where it does not see fit to consider such comments.
D 8. PTC shall inform beneficiaries without delay when faults occur which affect multiple accesses on the same cable, and, in respect of these faults or those which exceed the targets established for maximum repair times, shall provide the beneficiary with daily updates of the situation, indicating the actions being undertaken and the (updated) target date for resolution.
D 9. For the purposes of calculating compensation, the indicators are to be measured taking into account the time period established under the respective indicator.
D 10. PTC shall submit to beneficiaries details of the universe of faults taken into account in the analysis of indicators for the purposes of calculating compensation.
D 11. PTC shall send proof to the beneficiaries that a particular fault warrants classification as force majeure, except in duly justified exceptional situations where this is not possible.
D 12. The entry into force of such conditions as are established in the final decision does not depend on the implementation of any development of information systems, other than in exceptional situations, properly justified and so accepted by ICP-ANACOM.
