D. Decision


Based on the reasoning set out above, those expressed in the Draft Decision and in the Report of the Prior Hearing of Interested Parties annexed hereto, considering the request by Radiomóvel and pursuant to powers which are conferred upon this Authority under articles 10, 63 and 66 of the LCE, as well as the objectives of regulation which it is charged with accomplishing in accordance with point a) of paragraph 1 and points a), b) and d) of paragraph 2 of article 5 of the same Law, and the provisions of points b), e), n), and q) of paragraph 1 of article 6 of the Statutes in annex to Decree-Law No. 309/2001 of 7 December, the Management Board of ANACOM pursuant to point l) of article 26 of the above-referenced statutes, decides that:

I. Under the current regulatory framework and having regard in particular to article 22 of the LCE, Radiomóvel, as an operator of SMRP which provides an electronic communication service available to the general public, has a right to negotiate interconnection with and obtain access or interconnection from other undertakings which offer publicly available electronic communications networks and services;

II. In compliance with the legal and regulatory obligations that are imposed pursuant to article 64, paragraph 2 and 66 of the LCE, PTC, TMN, Sonaecom and Vodafone are obliged to satisfy reasonable requests for interconnection of the mobile network of Radiomóvel with the fixed, mobile and nomadic networks in their possession, fully observing the obligations imposed on them in the context of the market analysis procedures and, in particular, the obligation to respond to reasonable requests for access and the obligation of non-discrimination;

III. The companies identified in II. shall, within 90 calendar days, counted from the date of the final decision issued in the context of the present process, notify ANACOM as to the conclusion of interconnection agreements necessary to ensure the right of Radiomóvel to obtain access or interconnection.