By determination of 19 September 2013, ANACOM approved the final decision on the billing and collection of penalties applied to beneficiaries of the Reference Poles Access Offer (RPAO) of PTC Comunicações (PTC). The corresponding draft decision was approved on 1 August 2013, for notification to the European Commission (EC), the Body of European Regulators for Electronic Communications (BEREC) and the national regulatory authorities of other Member States of the European Union (EU). The EC responded by letter of 13 September 2013, without comment.
As such, this decision determines that, within a period of 20 working days following notification, PTC shall:
- amend the RPAO (section 6.2), with effect as from the date of publication of the first version, setting a limit of 325 euros for the penalty applied when beneficiaries fail to comply with the deadline for the submission of records;
- to amend the RPAO in order to bring the deadline applicable to the submission of compensation claims to beneficiaries into line with the deadline applicable to the submission of compensation claims by beneficiaries to PTC, as regards situations of non-compliance occurring from the date of notification of the final decision;
- remove from the RPAO (section 6.1) the condition by which the payment of compensation to beneficiaries for non-compliance with the time limits applicable to responses to information requests (QSP1) and the time limits applicable to responses to feasibility analysis requests (QSP2) are made subject to the prior submission of record information by beneficiaries.
The decision also stipulates that PTC shall rectify the first invoice for wholesale RPAO services, issued within 20 working days from the date of notification of the final decision, with respect to the amounts billed pursuant to the provisions of the RPAO (Section 6.2) in terms of penalties for failures to comply with deadlines applicable to the submission of records. PTC is also required to reimburse the beneficiaries concerned in respect of amounts which have already been paid and which exceed the new values as are calculated following rectification.
Consult:
- Final decision on billing and collection of penalties pursuant to PTC's reference poles access offer https://www.anacom.pt/render.jsp?contentId=1174863
