In the scope of the methodology for establishing and reviewing reference speeds, ANACOM decided, on 21.03.2014, as follows:
- As regards commercial offers
«(…) for the purpose of the establishment and review of the reference speed, all mobile broadband commercial offers subscribed on the reference date that are associated to maximum speeds exceeding 256 Kbps, are to be taken into consideration, regardless of any promotions, as well as the market segment they are aimed at, the form of marketing, the trademark under which they are marketed or whether they are available for new subscriptions, and only offers associated to mobile stations/equipment of an active user with actual use on the month concerned by the reference date (that is, the month of March 2014 or of each second year following 2014) must be accounted for. Moreover, in case on the reference date for the establishment and review of the reference speed there is more than one relevant commercial offer associated to the same mobile station/equipment of an active user with actual use, only the offer with the higher maximum speed is to be considered. In case a client changes to a new offer on the exact reference date, the most recent offer is to be considered.»
- As regards the ranking of clients
« As regards the ranking provided for in the final part of paragraph 6 of article 34 of the Auction Regulation, each client must be considered as many times as the relevant commercial offers it has subscribed by each reference date.
Moreover, in case more than one mobile station/equipment of an active user with actual use is associated to a relevant commercial offer, all mobile stations/equipment of an active user with actual use associated to that offer shall be accounted for. As such, where a given client is associated to vector x of relevant commercial offers, and to vector y of mobile stations/equipment of an active user with actual use associated to offers x, a total of x*y times must be accounted for in the ranking list.»
- As regards reference dates for the ranking of clients
« The ranking provided for in the final part of paragraph 6 of article 34 of the Auction Regulation must take place:
i) In the scope of the initial establishment of reference speeds, by reference to 31 March 2014; and
ii) In the scope of the review of reference speeds, by reference to 31 March of each second year following 2014.»
- As regards procedures and formula to apply to determine reference speeds
«(…) MEO, OPTIMUS and VODAFONE must submit to ICP-ANACOM, in accordance with Annex I hereto, a ranked list of clients, in digital format and via email, to the address dee.stats@anacom.pt, by the following deadlines:
i) For the initial establishment of reference speeds: by 31 May 2014; and
ii) For the review of reference speeds: by 31 May of each second year following 2014.
Based on the information submitted, ICP-ANACOM shall determine the reference speed to which must correspond data transmission speed allowed by the mobile broadband service provided by each company in parishes to be covered, carrying out the respective notification. For this purpose, the formula to be applied in order to identify the client ranked in the upper limit of the lowest quartile of these offers, for each company subject to coverage obligations, is as follows:
i) if (n)/4 is a whole number, (n)/4;;
ii) if (n)/4 is not a whole number, INT[(n)/4],
where n is the total number of clients subscribers of relevant commercial offers and INT consists in the rounding down of the value concerned to the nearest whole number.
Additionally, MEO, OPTIMUS and VODAFONE must fill in, in the field “Reference value”, included in Annex 1, their calculation for the reference speed, on the basis of the above mentioned formula.»
