Radiomóvel Telecomunicações, S.A. (applicant), in the capacity of operator of SMRP - serviço móvel de recursos partilhados (mobile trunking services) has requested the intervention of ICP-ANACOM (ANACOM) with the objective of exercising their right to "negotiate interconnection with and obtain access or interconnection from other undertakings providing publicly available electronic communications networks and services," which right it claims has been refused by PT Comunicações, S.A. (PTC), by Sonaecom - Serviços de Comunicações S.A. (Sonaecom), by TMN - Telecomunicações Móveis Nacionais, S.A. (TMN) and by Vodafone Portugal, Comunicações Pessoais, S.A. (Vodafone).
Notification was made to PTC, Sonaecom, TMN and Vodafone (respondents) in order that these companies might set out their positions in respect of the pleas of fact and law that support their opposition to the interconnection requested by Radiomóvel.
In response, these companies stated the request put by Radiomóvel is untimely, that there are uncertain as to the existence of the right to interconnection, or go so far as to affirm that such right does not exist, that it is illegal and incompatible with the legal obligation of interconnection and that, on the terms by which it currently provided, through the telephone service provided by PTC, interconnection of the network for the provision of SMRP is fully adequate.
The arguments presented by the various respondents, which are briefly set out above were analyzed in the draft decision adopted by ANACOM on 14/05/2010, which as annex 1 constitutes an integral part and basis of this decision.
