Annex 6 of RCAO provides as follows:
"In order to ensure a correct planning and an optimization of PTC’ resources required for the evolution of RCAO, the OSP must provide PTC, by 30 June every year, with a forecast plan of line needs for the subsequent year.
This means that by 30 June of year N, the OSP must make available the plan for year N + 1, indicating the following information, per quarter:
a) Forecast of the number, type, speed and termination points of leased lines (end-to-end and partial lines);
b) Forecast of the number of lines for traffic interconnection (interconnection lines and traffic interconnection internal extensions) broken down by pair of geographic points of interconnection (PTC/OSP);
c) Forecast of the number of SC per PTC exchange;
d) Forecast of the number of lines for access to submarine cables.
e) Forecast of the number of links between the OSP and another collocated OSP (internal extension OSP-OSP);
f) Forecast of the number of links between the OSP and a company of the Grupo PT (internal extension OSP- Grupo PT).
The plan must be reviewed every three months in the course of year N+1, and shall be submitted to PTC in the last week of each quarter of year N+1".
Annex 4 makes the payment of compensation dependant on the sending of forecasts, as follows:
"In case of non-compliance with defined performance objectives, PTC shall only deem to be bound to pay compensation insofar as [...] the OSP has supplied forecast plans of services to be contracted, in conformity with this Offer".
This Authority acknowledges that the obligation on OSP to send the forecast plan beforehand, for the purpose of payment of compensation in the case of non-compliance with supply times, may have some explanation (however that obligation is not deemed to be justified in the case of fault repair and availability). In fact, and as referred in the "market analysis", in many cases, such as the setup of CAM lines, of access to submarine cables and of lines in new areas or yet to be covered (namely by fibre optic), the timely presentation of forecast plans is important so that PTC can appropriately plan the evolution of its network infrastructure. On the other hand, it will not be as difficult for OSP, as for example with RUO, to define beforehand their needs at the level of the network and leased line basic infrastructure in the short and medium term.
In this context, the requirement to send forecast plans on the part of OSP, for the purpose of the payment of compensation for non-compliance with supply times, is hereby maintained.
However, it is deemed that the level of detail required for RCAO is disproportional, as this detail is not fundamental for a sound management of resources by PTC. Likewise, it is deemed that the fact that forecasts are made in the first half of the year, and concern the following year, is not compatible with the demand for this type of services, fundamentally commercial and frequently conducted by means of public tenders.
As such, the following level of detail is deemed to be sufficient:
(a) Forecast of the number, type (analogue or digital), speed (equal to or lower than 2 Mbps or higher than 2 Mbps) and PTC network groups where termination points of leased lines are located (for end-to-end lines and partial lines, the breakdown between end-to-end lines or partial lines by operators not being required).
In the case of inter-island lines, islands where termination points of leased lines are located must be identified.
(b) Forecast of the number of lines for traffic interconnection (interconnection lines and traffic interconnection internal extensions) broken down by pair of geographic points of interconnection (PTC/OSP).
(c) Forecast of the number of support components (SC) per PTC exchange.
(d) Forecast of the number of lines for access to submarine cables and of CAM lines.
It is deemed also that the plan must be prepared on a six-month basis and should not be presented so far in advance, that is, during the month of September of year N information should be submitted for year N + 1, with a six-month breakdown. Information for the second half of the year is provisional and may be reviewed up to March of year N + 1. If this review does not take place until March of year N + 1, information on forecasts submitted in September of year N for the second half of year N + 1 becomes final.
D 7. In the scope of the forecast plan of line needs defined in the LLRO, PTC may demand at the most the following information:
- Number, type (analogue or digital), speed (equal to or lower than 2 Mbps or higher than 2 Mbps) and PTC network groups where termination points of leased lines are located (for end-to-end lines and partial lines, the breakdown between end-to-end lines or partial lines by operators not being required).
In the case of inter-island lines, islands where termination points of leased lines are located must be identified.
- Number of lines for traffic interconnection (interconnection lines and traffic interconnection internal extensions) broken down by pair of geographic points of interconnection (PTC/OSP).
- Number of SC per PTC exchange.
- Number of lines for access to submarine cables and of CAM lines.
D 8. The forecast plan of line needs defined in LLRO shall be made available during the month of September of year N for year N + 1, with a six-month breakdown. Information for the second half of the year is provisional and may be reviewed up to March of year N + 1. If this review does not take place until March of year N + 1, the information on forecasts submitted in September of year N for the second half of year N + 1 becomes final.
Acknowledging that the demand for leased lines with impact that the level of line supply times by PTC may be somewhat inconsistent, this likely instability does not occur as regards repair and availability, which are more dependent on the total set of lines (i.e., a relatively stable percentage of the total number of lines being used). In fact, it is deemed that the LLRO is already relatively stabilized, both at the level of processes and of the total set of lines, PTC being provided with the necessary systems, structures and resources.
As such:
D 9. PTC shall remove any restrictions in the LLRO that make the payment of compensation for non-compliance with fault repair times and degree of availability dependant on the presentation of the forecast plan of line needs.
