Having regard, in particular, to:
i) The fact that, pursuant to article 8 of Decree-Law no. 415/98, of 31/12, PTC, as an entity with significant market power, is bound to comply with the principle of non-discrimination as far as interconnection offers are concerned, which entails, namely, an obligation to offer the conditions and information applied to its own services, subsidiaries or associated companies, to the interconnection applicants that offer similar services and that are in similar conditions;
ii) The fact that the prices for the access and use of the fixed telephone networks and the FTS, charged by the respective operators and/or providers holding significant market power, should comply with the principle of cost orientation, pursuant to article 34 of the Regulations for the Operation of the Fixed Telephone Service;
iii) The fact that, in the meantime, information on the ?Friends 1 to 3? price plan was published on the PTC website; that, likewise, this information was submitted to ANACOM by ONI, and that up to this moment the conditions applicable to the ?Friends 1 to 10? price plan are not known;
iv) The fact that the prices for the ?Friends 1 to 1? and ?Friends 1 to 3? offers do not comply with the principle of cost orientation of prices;
v) The fact that FTS providers, operating by means of indirect access, for the expected levels of use, are able to present offers competing with the PT Timeslots?, ?PT Destinations? and ?PT Groups? offers, based on the prices charged by PTC for the interconnection services for national traffic and on the international interconnection prices submitted by PTC to ANACOM on 01/07/03;
vi) Article 34 of Decree-Law no. 415/98, of 31/12, article 51 of Decree-Law no. 474/99 of 08/11, point n) of article 6 and point g) of article 9, both of the Bylaws of ICP-ANACOM, approved by Decree-Law no 309/2001 of 7/12, which constitute the enabling rules for the present provision;
And taking into account also the results of the audience granted to the interested entities, and the respective assessment of ANACOM, the following conclusions were reached:
1) The ?Friends 1 to 1? and ?Friends 1 to 3? offers are to be withdrawn;
2) PTC shall update the interconnection prices for the termination of outgoing international traffic, established by the Interconnection Reference Offer, within 10 days at the most, emphasizing reductions which shall be not below the ones notified to ANACOM on 01/07/03;
3) PTC shall submit to ANACOM, every three months and providing a monthly breakdown, up to 20th day after each quarter, the levels of use of each package offered or to be offered, in order to safeguard the risks pointed out by ANACOM in the respective draft decision.
