18.1. Proceedings instigated in 2012

ICP-ANACOM received 698 infraction notices that led to the instigation of breach proceedings in 297 cases.

Among the breach proceedings instigated in 2012, 36 were instigated in respect of breaches of the ECL or regulations directly aimed at protecting users (including the obligation to file prevailing subscription contracts and the obligation to bar access, by default, to value-added services based on message sending), or regulations governing the conduct of companies in markets (for example, rules governing portability, performance targets in the provision of US, rules governing the use of numbering resources).

Among proceedings brought in respect of breaches of user protection rules contained in other legislation, note is made of those related to audiotext services, the unblocking of equipment, breaches resulting from unfair commercial practices and breaches of rules applicable to complaint books.

Given their volume, note is made of 78 cases relating to the personal radio service - citizens' band; 48 cases relating to breaches of ITED/ITUR rules, and 71 cases related to non-compliance with the regime governing the free circulation, placing on the market, and putting into service in Portuguese territory of radio equipment and telecommunications terminal equipment, as well as conformity assessment and marking.

Notices of breaches not pursued

The majority of complaints or referrals which did not led to breach proceedings being instigated (338) were closed due to a lack of sufficient evidence supporting a conclusion that there was reasonable possibility that the conduct described therein was sanctionable. Accordingly:

- 69% of infraction notices closed without continuance were cases stemming from police reports resulting from traffic control actions on stations of the personal radio service - citizen's band, which did not describe all the facts of the alleged offence.

- 10% of closed referrals, complaints or claims involved matters provided for and regulated under the ECL; this set of cases include a significant number of certificates drawn from injunction proceedings, sent to ICP-ANACOM by courts and public prosecution services that raised questions about the legality of contracts governing services, but which failed to indicate the commission of any administrative offence.

- 6% were cases arising from enforcement actions on terminal and radio equipment closed after preparatory inquiries in which the apparent offences were unconfirmed.

- 4% of such cases were based on complaints with insufficient evidence of unfair commercial practice, attributable to several operators, especially related to DTT, but in which the plaintiffs, even while encouraged to do so, failed to provide ICP-ANACOM with the additional evidence necessary for the instigation of breach proceedings.

- The remaining cases were criminal cases, or cases joined to other processes, etc.

Source: ICP-ANACOM.