Launch of the regulatory procedure on requirements to be imposed on providers of publicly available electronic communications services (ensuring equivalent access and choice for users with disabilities)


Pursuant to paragraph 1 of article 98 of the Administrative Procedure Code, it is hereby made known that the Board of Directors of Autoridade Nacional de Comunicações (ANACOM), in the pursuit of the task set out in point h) of paragraph 1 and point f) of paragraph 2, both of article 8, and in the exercise of the regulatory power provided for in point a) of paragraph 2 of article 9, all of ANACOM’s Statuteshttps://www.anacom.pt/render.jsp?contentId=1351851, approved by Decree-Law No 39/2015, of 16 March, in pursuit of the general objectives set out in point d) of paragraph 1 and in points c) and d) of paragraph 3, both of article 5, and in accordance with the provisions of paragraph 1 of article 115, all of the Electronic Communications Lawhttps://www.anacom.pt/render.jsp?contentId=1727429, approved by Law No 16/2022, of 16 August, determined on 22 November 2022 to launch the regulatory procedure on the definition of requirements to be imposed on providers of publicly available electronic communications services, in order to to ensure that disabled end-users:

a) have access to electronic communications services, including the respective contractual information in accordance with articles 120 and 123 of the Electronic Communications Law, under terms equivalent to those made available to most end-users; and

b) benefit from the choice of companies and services available to most end-users.

This regulation seeks to establish the minimum guarantees that companies must ensure for disabled end-users when providing publicly available electronic communications services in order to grant them effective access to those services under equivalent conditions to other end-users, including as regards prices, tariffs and quality, in accordance with recital 297 of Directive (EU) 2018/1972https://www.anacom.pt/render.jsp?contentId=1464945 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code.

Interested parties may, within 15 working days of this publication, that is, until 19 December 2022, send ANACOM, in writing and in Portuguese, any contributions deemed to be relevant for the drafting of this regulation, to reg.ud@anacom.ptmailto:reg.ud@anacom.pt.

ANACOM will assess contributions presented by interested parties, taking them into account in the preparation of the draft regulation, on which interested parties may comment when it is submitted for public consultation, in accordance with article 10 of ANACOM’s Statutes, article 101 of the Administrative Procedure Code and article 10 of the Electronic Communications Law, through publication on ANACOM’s website (www.anacom.pthttps://www.anacom.pt/render.jsp?categoryId=2958) and in Series II of the Official Gazette.


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