- Dispute between PT Prime and ZON relating to the call origination price applied by ZON
On 8 February 2012, PT Prime submitted a request for the resolution of a dispute with ZON TV Cabo Portugal. PT Prime claimed that the two companies had agreed, in respect of interconnection between their networks, the price of call origination to be applied by ZON and that subsequently ZON sent a proposal to amend this price, which it did not accept.
According to PT Prime, the companies engaged in a negotiation process to resolve this dispute, which concluded unsuccessfully. Nevertheless, ZON proceeded to apply this price to traffic originating on its network and destined for the non-geographic services of PT Prime, even in the absence of an agreement between the two companies.
In this context, PT Prime requested ICP-ANACOM's intervention to order ZON to maintain the conditions agreed between the two companies with respect to origination services.
This dispute is under review.
- Disputes between EDA and Ar Telecom, Cabovisão, Optimus and ZON TV Cabo on telephone directory and directory enquiry services
By determinations of 5 April, 2012, ICP-ANACOM adopted four decisions resolving cross-border disputes between European Directory Assistance (EDA) and Ar Telecom, Cabovisão, Optimus and ZON. Approval has also been given to the report of the prior hearing and of other consultations to which the corresponding draft decision of 28 July 2011 had been submitted.
By these determination the providers were ordered, in response to the request addressed to them by EDA in January 2010, and in compliance with the provisions of paragraph 4 of article 50 of the ECL, to present to EDA the conditions by which they provide relevant information on their subscribers for the purpose of provision of publicly available telephone directories and directory enquiry services.
It was further determined that the submitted proposals must be reasonable, targeting the transmission of relevant information about subscribers and setting out the format and conditions by which data is to be supplied, in addition to being fair, objective, cost oriented and non-discriminatory.
ICP-ANACOM also defined the minimum set of subscriber identification data to which the principle of cost orientation is to apply in the sense that providers may only charge EDA in respect of costs which they incur as a specific result of transmission and provision.
- Dispute between Vodafone and PTC under the RUO
On August 20, 2012, Vodafone requested ICP-ANACOM's intervention to resolve a claimed dispute with PTC.
Having examined Vodafone's application and having basis in the notification by PTC in July 2012 on the entry into force of new prices corresponding to the consumption of energy to be applied to operators of public telecommunications networks co-located in the respective exchanges, as well as the subsequent publication of the new version of the RUO, ICP-ANACOM concluded that Vodafone sought only to obtain clarification on specific issues of the offer in question. ICP-ANACOM considered that use of the administrative dispute resolution mechanism under the ECL was inadmissible in this case, given the absence of an essential requirement - the existence of an actual dispute between the parties; ICP-ANACOM communicated its position, giving response to the questions raised by letter of 14 November 2012.
- Disputes between ZON, Cabovisão and PTC under the RPAO
By communications of September and November 2012, ZON and Cabovisão, respectively, requested ICP-ANACOM's intervention regarding PTC's conduct in the context of the RPAO.
At issue was PTC's application of penalties to ZON and Cabovisão, in both cases under Section 6.2 of the RPAO - penalties for beneficiary non-compliance - and the subsequent refusal of both ZON and both Cabovisão to make payment of said penalties. Section 6.2 of the RPAO establishes the penalties to be applied to beneficiaries for failure to comply with the time limit of 30 days to which they are subject in sending records to PTC, in accordance with section 4.8 of the offer.
ZON and Cabovisão - Sociedade de Televisão por Cabo, S.A. (Cabovisão) sought, in particular, amendment of the RPAO in order to eliminate section 6.2 and to extend the time limit provided for the submission of records by beneficiaries to 90 days.
Approval was given to the draft decision on billing and collection of penalties applied to the beneficiaries of PTC's RPAO in 2013, by determination of 16 May. This draft decision was subjected to a prior hearing of interested parties, pursuant to the Código do Procedimento Administrativo (Administrative Proceeding Code) and to the general consultation procedure pursuant to article 8 of the ECL (the latter ending on 21 June 2013).
- Dispute between TVI and PTC (terrestrial digital broadcasting)
By letter dated 15 May 2012, TVI requested that ICP-ANACOM temporarily suspend the dispute resolution process referring to its dispute with PTC over the broadcasting signal transport service, stemming from an initial application submitted to ICP-ANACOM on 22 June 2011 and supplemented by a further application submitted on 3 November 2011. TVI also requested that ICP-ANACOM refrain from engaging in any action or determination on the dispute until further notice.
Notified by ICP-ANACOM as to this request, PTC did not oppose the granting of TVI's request. In this context, ICP-ANACOM took no further steps in the dispute resolution process in question.
