On 31 October 2019, ANACOM approved the final decision on the dispute between Fibroglobal - Comunicações Electrónicas, S.A. (Fibroglobal), Infraestruturas de Portugal, S.A. (IP) and IP Telecom, S.A. on the application of the pricing of access to technical road channel infrastructures and services. Approval was likewise given to the report on the prior hearing of this draft decisionhttps://www.anacom.pt/render.jsp?contentId=1495673, dated 1 August 2019.
Having assessed the elements received as well as the applicable legal provisions, ANACOM decided:
- that IP Telecom and IP, as entities responsible for the operation of the technical road channel (CTR), should apply, from 5 February 2019, the pricing established in the Reference Offer of Access to Technical Road Channel Infrastructures and Services (ORIP-CTR), in consideration of the access and use of the suitable infrastructures identified by Fibroglobal, in the application to join the ORIP-CTR addressed to IP Telecom, on 7 May 2018.
- that IP and IP Telecom cannot condition the application of the pricing identified in the point above to a larger collection of routes, beyond those that Fibroglobal effectively wants to contract from IP Telecom, and thus cannot require the inclusion, in the contract to be concluded or in its annexes, even if without compensations, the identification or mere mention of suitable infrastructures that are being used, under another contractual relationship.
The Autoridade da Mobilidade e dos Transportes - AMT (Mobility and Transport Authority) and the Institute for da Instituto da Mobilidade e dos Transportes - IMT (Mobility and Transport) were informed of this decision.
Consult:
- Decision on the dispute between Fibroglobal, Infraestruturas de Portugal and IP Telecom on the application of the pricing of access to technical road channel infrastructures and services https://www.anacom.pt/render.jsp?contentId=1495674
