ANACOM has decided to prohibit commercial practices that induce consumers into believing that DTT will end and that they will have to subscribe to paid television services in order to continue receiving free-to-air channels (RTP1, RTP2, RTP3, RTP Memória, SIC, TVI, AR TV, as well as RTP Açores and RTP Madeira). DTT is free and will remain so, and any practices or messages to the contrary from companies providing pay television services, or their agents, are prohibited.
This is a precautionary measure that aims to prevent the pursuit of unfair commercial practices, preventing situations in which people are deliberately deceived and induced into subscribing to services that they do not need, taking into account that the beginning of the process of migration of the DTT network at national level begins on the 7th of February.
Such behaviours constitute the adoption of unfair commercial practices, under the terms of the law, and constitute an administrative offence punishable by a fine. In view of the situations of which it has become aware, ANACOM considers that there is a distinct possibility that companies providing electronic communications services, and/or persons acting on their behalf, will adopt practices such as those described, the prevention of which is paramount. This is the objective of the precautionary measure adopted.
The precautionary measure must remain in force during the period of the migration process and for an additional period, during the month of August, in order to cover DTT users with second homes and emigrants.
The determination of a precautionary measure constitutes a legitimate order from ANACOM addressed to companies providing electronic communications services, as a result of which its violation shall be deemed a very serious offence, provided for under the Electronic Communications Law.
With a view to the implementation of 5G, the digital terrestrial television network migration process is a sensitive and important process for communities that only receive free-to-air channels (DTT), as a result of which it is in everybody’s interest that the process should proceed unhindered.
Changing the frequency at which DTT network broadcasters operate leaves the communities served by those broadcasters without a picture on their TV, meaning they have to retune their equipment in order to start watching TV normally again. Despite the simplicity of this process, it may be seen by companies that provide pay television services as an opportunity to acquire new customers. However, it is not permissible, indeed it is manifestly illegal, for companies or their agents to exploit this business opportunity by adopting commercial practices that distort consumer choice, directly harming customers’ economic interests.
It should be noted that the change in frequencies of DTT broadcasters, in addition to not requiring a subscription to pay-TV services, likewise does not require the reorientation or replacement of antennas, or any changes to televisions or decoders.
Consult:
- Approval of precautionary measure to prevent unfair commercial practices under the ambit of DTT https://www.anacom.pt/render.jsp?contentId=1501885
