2. Response provided by Ar Telecom

2.1. By letter dated 16 March 2011 ¹, ICP-ANACOM notified Ar Telecom of the request for dispute settlement submitted by EDA, and asked the company to assess the matter, having informed ² the claimant of this letter on the same date.

2.2. Ar Telecom submitted its response ³ on 31 March 2011, declaring that it realised for the first time that there was an alleged dispute, as it had only received from EDA a single communication on January 2010, requesting the submission of a commercial proposal.

2.3. Ar Telecom refers that it is willing to meet all applicable obligations, as ever, and takes the opportunity to request ICP-ANACOM's opinion on the legitimacy of EDA's request, within the current regulatory framework.

2.4. In a commercial perspective, the respondent declares that the type of agreement proposed hardly seems to make any sense for any of the parties, as, on the one hand, EDA wishes to establish multiple commercial relations with various operators (Ar Telecom questions whether it would not be more efficient to conclude a single agreement with the universal service provider) and, on the other hand, Ar Telecom would be required to launch a process for sending and updating information on its clients which do not reach a sufficient number as to justify the opening of international dispute proceedings.

On the basis of facts described above, and given the requests made by EDA, the Management Board of ICP-ANACOM approved on 28 July 2011 a draft decision ruling as follows, in the scope of the administrative dispute resolution procedure provided for in article 10 of ECL:

1. To order Ar Telecom, in response to the request made to it by EDA in January 2010 and in compliance with paragraph 4 of article 50 of ECL, to submit to EDA the conditions under which the company will provide relevant information on its subscribers for the purpose of provision of publicly available directory enquiry services and directories;

2. For the purpose of the preceding paragraph, the proposal to be presented must be reasonable, aim for the transmission of relevant information on Ar Telecom's subscribers and observe the format and conditions under which data must be supplied, which must be fair, objective, cost-oriented and non-discriminatory;

3. To submit points 1 and 2 of this determination to the prior hearing of interested parties, under articles 100 and 101 of the Code of Administrative Procedure, setting for the purpose a 10 working-day-time-limit so that EDA and Ar Telecom may assess the issue in writing if they so wish;

4. To submit this decision to BIPT, for the purposes of paragraph 2 of article 12 of ECL, setting for the purpose a 10 working-day-time-limit so that the Authority may assess the issue in writing if it so wishes;

5. To submit, in the scope of the cooperation duty provided for in article 7 of ECL and in article 8 of ICP-ANACOM's Statutes, this decision to the Comissão Nacional de Proteção de Dados (CNPD) - the National Commission for Data Protection - setting for the purpose a 10 working-day-time-limit so that it may assess the issue in writing if it so wishes.

Responses received in the scope of consultation carried out on the draft decision, as well as ICP-ANACOM's views thereon and grounds for options taken by the regulatory authority are covered in the Report on the Prior Hearing and other consultations, in annex hereto and which is deemed to be an integral part hereof.