Tariff for public payphones of the fixed telephone service

Decision on the tariff proposal for public payphones, presented by PTC on 12/02/10

1. In a letter dated 12/02/10 and subsequent to the alteration of the base tariff of the telephone service at a fixed location within the scope of the Universal Service (in particular, the alteration of the alternative tariff applicable optionally upon the request of users) occurring on 19/02/10, PT Comunicações, S.A. (PTC) presented a proposal to ICP-ANACOM to amend the tariff for communications made from public pay phones, with entry into force on 01/03/10.

2. According to PTC, the proposed tariff to apply to communications made from public payphones represents increases in the duration of the impulses, from 20 to 22 seconds on the mainland and from 22.5 to 24.5 seconds in the Autonomous Regions. The proposed tariff, which maintains the structure of the previous tariff with regard to the non-differentiation of prices between call categories or time periods, is presented in the following table.

3. According to the determination on the imposition of obligations in the retail narrowband market, dated 14/12/04, ICP-ANACOM has determined that the relationship between the price of FTS communications in public payphone mode and in subscriber mode should continue to comply with specific requirements, in line with regulatory practice applicable at that time (in particular, the price convention for the universal service of telecommunications ¹), ensuring the affordability of the services provided.

4. Accordingly, ICP-ANACOM determined in this respect that the price ratio of 3 to 1 between the calls made from the public payphones of PTC and calls from the subscriber phones shall be maintained.

5. With regard to calls originating on the fixed network of PTC and terminating on the fixed networks of other providers and under the same determination, the previously applicable rule remains in force, whereby it is stated that the prices of calls originated on the network of PTC and terminating on the networks of other FTS providers should be identical to the prices of calls both originating and terminating on the network of PTC, which pricing can be corrected by the difference, where due and quantified on a reasoned basis, between the termination of calls on the PT network and call termination on the network of each FTS provider.

6. As regards the applicable tariff in subscriber mode, ICP-ANACOM reiterates the position set out in its determination of 11/03/09 ² egarding the tariff proposal of public pay phones presented by PT Comunicações on 11 February 2009, with respect to the use of the alternative tariff-base of the fixed telephone service (Option 2) for the purpose of verifying compliance with the applicable rule in the public payphone tariff (in particular, compliance with the "3 to 1" ratio). In particular, the use of Option 2 for this purpose is considered appropriate, since, as mentioned previously, it does not include any bundled offer, allowing the prices associated with each service (monthly charge and traffic) to be identified, in particular prices associated with calls in each time period. Accordingly the maximum allowed ratio can be verified using this Option.

7. Having examined the proposal submitted by PTC, it was concluded that:

a. Regarding fixed-fixed calls within the PTC network made from public pay phones, the tariffs proposed by PTC comply with the obligations established in the determination of 14/12/04, since the ratio of 3.0 between the average price of calls in public payphone mode and subscriber mode (Option 2) is deemed to apply, both for prices applicable on the Mainland and in the Autonomous Regions;

b. Regarding fixed-fixed calls from PTC to other operators made from public pay phones, the tariffs proposed by PTC comply with the applicable regulatory framework, since the tariffs contain no distinction in the prices of fixed-fixed calls based on the destination operator.

8. Accordingly, under the powers provided for in points b), d), f) and h) of paragraph 1 of article 6 of the Statutes annexed to Decree-Law No 309/2001 of 7 December and in accordance with paragraph 3 of article 86 of paragraph 1 of article 93 of Law No 5/2004 of 10 February and pursuant to the regulatory objectives set out in points a) and c) of paragraph 1, points a) and b) of paragraph 2 and point a) of paragraph 4, all of Article 5 of the same Law, the Management Board of ANACOM determines:

a. To declare the compliance of the tariff proposed for the public payphones of the telephone service at a fixed location, as submitted by PTC;

b. To submit the tariff proposed for the public payphones of the telephone service at a fixed location, as presented by PTC, to the opinion of the Advisory Council of ICP-ANACOM, pursuant to paragraph c) of article 37 of the Statutes of this Authority, whereas any developments arising as a result thereof will be notified to PTC in a timely manner.