2.2. Information to protect consumers

2.2.1. Responding to complaints

ICP-ANACOM has an important responsibility to ensure the protection of consumer interests, especially users of the US, and particularly in their relationship with the companies that provide communications services.

In light of the current legal framework, performance of this assignment does not entail mediation, arbitration or resolution of consumer disputes.

In this respect, it is incumbent upon ICP-ANACOM:

To adopt necessary measures (regulations and decisions etc.) in order to strengthen and assure the rights and interests of consumers.
To enforce compliance by service providers with applicable rules, instruct breach proceedings and apply sanctions.
To publish information that is useful for users of services, in particular by ensuring that they are clear on their rights under the US and on the conditions governing supply of other publicly available services, enabling them to properly assess available alternatives.
To analyse, record and respond to all complaints it receives. Responding to complaints is an important communication tool for informing consumers about their rights and about the means of reaction at their disposal, including about the option of using consumer conflict arbitration centres and magistrates.

The information obtained from its analysis of complaints means ICP-ANACOM is able to:

Acquire knowledge about the problems occurring in the sector and assess the need to take measures which protect users. One such evaluation resulted in the Determination of 9 March 2012 related to the cancellation of electronic communications service contracts, whereby ICP-ANACOM established the rules governing the procedures for termination of contracts where on the initiative of subscribers, with a view to minimizing barriers to mobility. The Determination also made companies subject to obligations to provide information to subscribers wishing to cancel or terminate contracts.
Investigate complaints that indicate non-compliance with applicable rules and, where necessary, instigate appropriate breach proceedings.
Disseminate information to consumers, in a manner more targeted to specifically demonstrated needs, about their rights and means of reaction when a conflict arises with a service provider, and also to disseminate information on the number of complaints received according to the provider involved and by subject, helping consumers to make increasingly informed choices and preventing conflict in the sector. This information is made available, in particular, using ANACOM's Consumers' Website (www.anacom-consumidor.comhttps://www.anacom-consumidor.pt/).

2.2.2. ANACOM's Consumers' Website

Communication with consumers and end-users in general has an extremely important function, calling for the timely provision of clear, simple and accessible information. With this concern, in March 2011, ICP-ANACOM set up a Consumers' Website (www.anacom-consumidor.comhttps://www.anacom-consumidor.pt/) as a platform providing a range of simple and useful information, supporting consumers in better informed choices; this is an effective way for ICP-ANACOM to protect the rights of consumers.

This website was set up by ICP-ANACOM to respond to the increasingly complex needs of users; it has been progressively expanded and improved based on the experience gained by ICP-ANACOM in dealing with complaints from users of communications services.

Therefore, bearing in mind the volume of complaints related to seasonal promotions, usually received by ICP-ANACOM after the Christmas holiday season, a warning was posted on the Consumers' Website highlighting problems that can arise as a result of the acquisition of equipment and subscription services in promotion (given the conditions that often apply), and informing users of their rights in these situations.

The Consumers' Website has also been used as a tool for the dissemination of ICP-ANACOM's information campaigns such as those conducted in 2012 to raise awareness about DTT, portability, roaming (as regards the reduction in prices associated with this service) and other issues.

As such, this website has been instrumental in enabling ICP-ANACOM to perform its assignments, with regard to the protection of users through the spread of information.

Visiting ICP-ANACOM's Consumers' Website, it is possible to find information about offers on the market, including bundles of services, providers in activity, aspects to consider when choosing a service, what you should know about contracts and cancelling services, what to do to resolve problems with service providers and the role of ICP-ANACOM and other entities in this process. Questions regarding billing and tariffs are also answered on the website.

In addition to its informative content, the Consumers' Website provides visitors with an online form to submit complaints to ICP-ANACOM, which collects all the information necessary to conduct analysis of the problems presented, enabling a more efficient response. The interactive question and answer tool A ANACOM RESPONDEhttps://anacom-consumidor.pt/pergunte-anacom#_48_INSTANCE_SP52PIfTru64_=http://anacom-consumidor.inbenta.com/? continues to be available, along with the consumption and tariff simulation and comparison tool COM.escolha. Using this tool consumers can consult offers and tariffs quickly and simply, and simulate consumption of Internet, mobile or fixed telephone and television services (individually or as a bundle), finding out which offers best suit their needs.

Since the data on offers/tariffs used by the tool is the responsibility of providers, in 2012, ICP-ANACOM undertook measures to verify the information provided, alerting providers when situations were detected with outdated tariff data or where data provided for the tool did not match the information published on provider websites.

In 2012, ANACOM's Consumers' Website completed its first year of availability, during which the number of users doubled. The range of content and electronic services available on the website has also been expanded.

In 2012, the COM.escolha simulator received a total of 45,781 visits from 34,051 users. "Change or cancel your contract" was the subject users looked up most often, in particular with respect to information related to lock-in periods and the most visited page was Período de fidelização nos contratos de serviços em pacotehttps://anacom-consumidor.pt/periodos-de-fidelizacao (lock-in periods in contracts governing provision of bundles of services).

247,949 pages were visited, with an average of 5.42 pages viewed per visit. Each visitor spent an average of about five minutes on the website and around 73% percent of accesses were originated by new users.

Publicity campaigns

To ensure consumer rights are protected, ICP-ANACOM conducted a series of publicity campaigns in 2012, in order to strengthen public knowledge about matters related to the sector.

In January 2012, ICP-ANACOM continued the multimedia campaign calling on people to get ready for migration to digital television, with the definitive switch-off of analogue television due to take place on 26 April. This campaign will be referred to in more detail in the body of this report.

Between July and September 2012 the "Roaming Light" information campaign was re-launched (first conducted in 2009), following the entry into force of the Third Roaming Regulation, adopted by the EU Council on 30 May 2012. This new information effort, aimed at the general public, was undertaken to inform users of roaming services about the new rules applying to operators within the European Economic Area (EEA) from 1 July 2012. The campaign was primarily designed to inform consumers about the new data-Eurotariff (internet and MMS), in addition to the previously existing voice-Eurotariff and SMS-Eurotariff, which are capped in the regulations; it also seeks to make users aware of the updates to the maximum values of the voice-Eurotariff and SMS-Eurotariff applicable in the EEA.

The campaign was mostly run on the Internet, and, as already mentioned, the information contained on the Roaming Light campaign website was updated; in addition, information was posted on ICP-ANACOM's Institutional and Consumers' Websites, banners were placed on different websites (online newspapers, some airline and travel agency websites) and advertisements were published in national and international print media (including some airline magazines).

In October, an information campaign was launched to make consumers aware about the entry into force of portability rules, set out in the new Portability Regulation - Regulation no. 114/2012 of 13 March, which entered into force on 13 September 2012.

This campaign was run to increase awareness among the general public about the possibility of transferring fixed telephone and mobile numbers when switching providers while keeping the same number, as a rule, within one working day following presentation of the portability request to the new provider with the required elements (in some situations the process may take up to three working days or be completed more quickly).

It was ICP-ANACOM's additional aim to make consumers aware of their right to compensation in cases where the implementation of portability is delayed.

The campaign was run using radio, the press and the Roaming Light website, as well as ANACOM's Consumers' Website.

Publication of guides

ICP-ANACOM published a consumer guide entitled "Problemas com o seu operador? Saiba o que fazer e a quem recorrer" (Problems with your provider? Find out what to do and who can help), first published on 15 March 2012, the day that marked the first anniversary of the launch of ANACOM's Consumers' Website and coinciding with World Consumer Rights Day.

The Guide provides users with advice on the best way to deal with problems in electronic communications services (fixed and mobile telephony, Internet and television) and postal services. Users are alerted as to particular aspects to be taken into account before contracting communications services, to avoid inconvenience and wasted time. The guide also includes steps that should be taken to deal with problems and a contact list of relevant organisations that provide support (information about rights and conflict resolution).

This guide is available in electronic format (graphic, text and audio versions) and on paper; the paper version was widely distributed by a number of relevant organisations working in close proximity to users, such as municipalities, CIAC - Centros de Informação Autárquicos ao Consumidor (Municipal Consumer Information Centres), consumer associations, schools, lojas do cidadão (one-stop citizens' shops), consumer dispute arbitration centres, magistrates and communication operators.