In light of the analysis detailed above, and taking into account the lack of comment from the European Commission following the specific consultation procedure laid down by paragraph 1 of article 57 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, the Management Board of ICP-ANACOM, pursuant to the powers set out in point b), e), f), h) and n) of paragraph 1 of article 6 of its Statutes, as approved by Decree-Law no 309/2001 of 7 December, in the exercise of its remit as set out in points b) and g) of article 9 of the same Statutes, taking into account the regulatory objectives set out in points a) and c) of paragraph 1, b) of paragraph 2 and c) of paragraph 5, all of article 5 Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, and pursuant to powers laid down by paragraph 4 of article 26 and point a) of paragraph 3 of article 68 of the same Law, and in execution of the measures determined following the analysis of the market for wholesale (physical) network infrastructure access at a fixed location, determines as follows:
1. PTC shall, within a period not exceeding 20 working days following notification of the final decision of ICP-ANACOM:
D1. Amend section 6.2 of the RPAO, having effect from the date on which the first version of this Offer was published, so as to set a limit of 325 euros for the penalty provided for therein in respect of failures by Beneficiaries to comply with the deadline governing the submission of records.
D2. Amend the RPAO so as to bring the period available to submit respective claims for compensation to Beneficiaries into line with the period available to Beneficiaries when submitting claims for compensation to PTC. The alignment of these deadlines shall enter into force for situations of non-compliance occurring from the date of notification of the final decision.
D3. Amend section 6.1 of the RPAO, so as to remove the condition in point iii) thereof (submission, by Beneficiaries, of record information within the period stipulated in the Offer) to which the obligation to pay penalties to Beneficiaries in respect of non-compliance with QSP1 and QSP2 is made subject.
2. PTC shall, in the first invoice for wholesale RPAO services, issued after a period of 20 working days from the date of notification of the final decision, rectify the values that were billed under section 6.2 of the RPAO in the form of penalties for failures to comply with the time-limits applicable to the submission of records (according to the limit that is now established in D1 above) reimbursing the Beneficiary for the amounts that have already been paid and which exceed the new values that are calculated as a result of that correction.
