Enforcement actions focusing on the electronic communications sector were performed primarily to prevent situations which might distort the normal functioning of markets, and also with a view to finding solutions that might lead to the settlement of disputes between operators and/or between operators and consumers.
Such actions seek to ascertain and ensure that authorised entities are in compliance with the obligations set forth pursuant to the titles authorising exercise of activity and pursuant to applicable legislation.
Likewise, ICP-ANACOM undertook actions to oversee the exercise of activity and provision of services by undertakings that lack due authorising title for this purpose.
In the communications market, ICP-ANACOM's inspection activities involved 337 operations covering a relatively mass services market.
The set of measures implemented, include:
- 26 inspections focusing on the provision of audiotext services and SMS-based value added services, related to compliance with Decree-Law no. 177/99 of 21 May (as amended by Decree-Law no. 63/2009 of 10 March). These sought, in the first place, to compile information on how providers obtain customers to make Audiotext calls, and to confirm compliance with rules relating to the announcement of prices and the existence of duration warning signals on this type of call. These inspections were also conducted to verify compliance by providers of SMS-based value added services covering both subscription procedures and the fulfilment of requests by the support operators to bar access to such services (aspects that most frequently give rise to complaints sent to ICP-ANACOM). A number of non-compliant situations were detected, and breach proceeding instigated as a result.
- 8 enforcement actions, covering a sample of one thousand cases, involving abnormal portability situations. Portability remained a priority of ICP-ANACOM's activity in 2012. These actions covered MTS and FTS providers, seeking to detect irregularities in the respective portability processes, in particular, in practices followed by operators in providing information to consumers, to verify compliance with deadlines and to examine the reasons given for refusing to carry out number portability and make payment of compensation due. Actions in this area also resulted in cases being forwarded to litigation, culminating in the instigation of breach proceedings.
- 33 inspections in PTC ducts, in the context of overseeing the RDAO, seeking to improve the conditions which govern the sharing of this infrastructure. Detected issues were referred to litigation.
- 8 investigations focused on the offer of the public pay-telephone in commercial establishments open to the public, in which no breaches of the provisions of the ECL were detected.
- 5 investigations related to Decree-Law no. 56/2010 of 1 June on the unblocking of terminal equipment, resulting in litigation citations;
- 165 investigations regarding compliance with the rules set out in Decree-Law no. 156/2005 of 15 September, as amended by Decree-Law no. 371/2007 of 6 November (Complaint Books), with detected irregular situations referred to litigation;
- 28 investigations related to DTT, focusing on the sale of set-top-boxes, the provision of information on the implementation of the service and competitive promotions conducted by companies which distribute television signals by cable; These actions gave rise to breach proceedings in a number of cases.
- 39 enforcement actions to confirm compliance with the determinations of ICP-ANACOM on the processing of statistical information.
- 11 enforcement actions covering all types of standard contracts used by leading providers of electronic communications services, in order to examine them in detail and verify their compliance with applicable legal requirements.
- 9 enforcement actions on the operation of information services on the pricing of calls to ported numbers.
- 4 enforcement actions focusing on PTC ducts, to confirm the conformity of information entered in the RDAO database.
- 1 enforcement action focusing on services provided and prices charged in the ''1'' numbering range of the NNP.
