Nine fee payment litigation procedures were instigated in 2011, eight with regard to disputes over fees and one a summons to adopt a practice. In addition, 27 cases were carried over from previous, all relating to challenges regarding fees.
9.2.1. Summons procedures to adopt a practice
Cabovisão instigated a procedure seeking that ICP-ANACOM be served an order to reveal the absolute value of excluded revenues of the incumbent operator so that the applicant could perform the calculations needed to ascertain the value of the regulation fee demanded of it. ICP-ANACOM submitted its response in 2011 and the case was decided in the same year, with a ruling unfavourable to the regulator, which was appealed in court.
9.2.2. Legal challenges to fees applied by ICP-ANACOM
In 2011, ICP-ANACOM was cited in eight new legal challenges in respect of application of fees. These procedures were brought by:
- Instituto Portuário de Transportes Marítimos (two procedures);
- ZON TV Cabo Madeirense;
- ZON TV Cabo Açoreana;
- ZON TV Cabo Portugal;
- Cabovisão;
- Optimus;
- Mota Engil.
ICP-ANACOM prepared its responses to submit in court - the cases in question remain pending.
In 2011, ICP-ANACOM also monitored 27 court challenges filed in previous years.
9.2.3. Opposition to tax foreclosures
In 2011, ICP-ANACOM was involved in one new procedure regarding opposition to tax foreclosures, introduced in that year, and continued to accompany the progress of 21 cases carried over from previous years.
