Settlement of dispute between Tele2 and PTC over undue terminations of pre-selection


ANACOM has approved a draft decision governing the settlement of a dispute between Tele2 and PT Comunicações (PTC) over undue terminations by PTC of pre-selection services and made following a request by Tele2.

This determination, approved on 26 April 2007 as part of the process of administrative settlement of disputes considers the request of Tele2 as satisfied. Such is based on the resolution of this issue in the determination of 8 March 2007 of this Authority, in which it is determined that PTC that shall cease with immediate effect the practice that it had been following with respect to pre-selection deactivation.

Accordingly, this decision determines that PTC shall cease deactivations of pre-selection where such deactivations do not result from a request made by the pre-selected provider with basis in the amendment or termination by the subscriber of the respective contract with that provider, in order that the procedures governing the deactivation of pre-selection are followed, as set out in article 10 of the Selection and Pre-Selection Regulation.

Furthermore, it was likewise decided to deny the request of Tele2 consubstantiated by the fact that PTC is prohibited from suspending pre-selection services and other dependant services, such as the Subscriber Line Resale Offer (SLRO), and from refusing to perform activations of new pre-selection and SLRO services until such time as the present dispute is definitively settled, by which no fact exists which corresponds to the existence of a dispute for the purposes of the application of article 10 of the Electronic Communications Law.

Under the terms of articles 100 and 1001 of the Code of Administrative Procedure, this determination was submitted to a prior hearing of interested parties, for which a period of 10 working days was set for Tele2 and PTC to make their responses in writing.


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