ANACOM instigated proceedings in 429 administrative offence cases in 2015

In 2015, Autoridade Nacional de Comunicações (ANACOM) instigated proceedings in 429 cases over the commission of administrative offences (24% more than the 346 cases brought in the previous year).

These proceedings are instigated where, following enforcement actions undertaken by ANACOM, evidence is found which indicates a breach of sector legislation or ANACOM determinations by market participants.

With the 429 cases opened in 2015, the total number of ongoing cases at ANACOM rose to 1,352 in 2015.

The number of cases which have been appraised increased to 807 in 2015, versus 705 in 2014.

Meanwhile the number of cases given rulings increased by 8% to 389. Of the total, 290 cases concluded with the imposition of sanctions and 50 cases were closed; the remaining cases were consolidated into summary decisions or were terminated upon voluntary payment.

Total fines of 637 thousand euros were applied in 2015.

Administrative offence proceedings are instigated upon detection of evidence of non-compliance with sector rules, including the rules governing portability, the legal regime governing audiotext services and value-added services based on SMS-sending and other rules concerning obligations of providers towards users of electronic communications services or rules on complaint books. Failure to comply with the obligation to provide information to ANACOM and evidence of non-compliance with the rules governing the installation of Telecommunications Infrastructure in Buildings (Decree-Law no. 123/2009) and the rules governing the free movement, placing on the market and putting into service of radio and telecommunications terminal equipment also led to the instigation of administrative offence proceedings.