A- Selection and Pre-selection of Operator (Indirect Access)
A.1- Date for Introduction of facilities
According to no. 1 of article 32 of Decree-Law no. 415/98, of 31st of December, as of 1st of January 2000 the operators of fixed telecommunications networks and or providers of fixed telephone services must guarantee access to national and international switched services, for operators and providers with whom they are interconnected, by means of call-by-call selection.
This is an outcome of the liberalisation process of the fixed telephone service and of the network that supports it on the 1st of January 2000.
According to no. 2 of article 32 of the same Decree-Law, it is ICP's responsibility to decide if the aforementioned obligation is to be extended to mobile telecommunications network operators and or providers of mobile telecommunications services, as regards to international traffic only.
And, according to no. 3 of article 32 it is ICP's responsibility to establish the date from which the operators of fixed telecommunications networks and or providers of fixed telephone services must introduce the facilities that enable the final users to choose the operator' or interconnected providers' national and international switched services, by means of pre-selection with the possibility to cancel on a call-by-call basis by dialling a short code.
- Taking into account the need to promote the conditions for effective competitiveness in a liberalised market;
- Considering that indirect access constitutes an alternative service provided in the sequence of an enlightened option made by users, which should be introduced by simple procedures in order to make it easier for subscribers to use;
- Considering that the introduction of these facilities contributes significantly for the development the market;
- Considering that there are no technical barriers to the introduction of these facilities face to digital telecommunications networks,
a. The operators of mobile telecommunications networks and or providers of mobile telecommunications services should make available the call-by-call selection on 31st of March 2000; and,
b. The operators of fixed telecommunications networks and or providers of fixed telephone services should make available the pre-selection facility up to 30th of June 2000.
If operators or providers intend to make pre-selection available before 30th of June 2000 they should communicate this to ICP with a minimum of 60 days.
Providers of fixed telephone services with direct access are exempted from implementing the access code for long distance calls, when carried by the provider itself.
A.2- Eligible calls
In accordance with article 32 of Decree-Law no. 415/98, of 31st of December, it is considered eligible: national and international calls from the fixed telecommunications network and or the fixed telephone service, and international calls from the mobile telecommunications service.
- Considering that it is desirable that users be able to make cleared options between the several services available, whether direct or indirectly, enabling them to become familiar with the mechanisms and procedures of decision;
- Considering therefore, there is justification for relative gradualism in deciding which calls are eligible, and ICP maintaining alert about the development of these facilities in order to widen its scope,
a. The following are considered eligible: interurban and international calls from the fixed telecommunications network and or the fixed telephone service, and international calls from the mobile telecommunications network and or mobile telephone service;
b. For the purposes of paragraph a) interurban calls are those between local networks that are more than 50km apart;
c. Subscribers that benefit from tariff systems aimed at guaranteeing accessibility to the prices of the mainstream service will not be able to use the selection and pre-selection facilities;
A.3- Licences
Entities that intend to provide indirect access services should obtain a licence for the provision of a fixed telephone service.
Allocation of codes that identify the indirect access providers will be made to the entities that hold licences for the provision of a fixed telephone service or admission certificates issued by ICP, through procedures to be defined.
A.4- Procedures
For the purpose of change of the pre-selected provider the direct access provider should consider subscribers declarations presented and stamped by the selected provider.
B -Traffic Ownership in Selection and Pre-Selection
According to no. 3 of article 6 of Decree-Law no. 415/98, of 31st of December, "the property of the communications traffic shall belong to the entity exploiting the public telecommunications network or rendering the telecommunications service for public use where it originates (...)".
- Considering that indirect access effectively constitutes an alternative service made available to users;
- Considering that by dialling a code the user is making a conscious and desirably enlightened choice of a certain provider of services;
- Considering that the user preference constitutes the most legitimate, safe, objective and loyal criterion in determining the source of traffic, as opposed to the technological determinism that would be subjacent in using ownership of the final infrastructure as a criterion;
- Considering that, unless there is an agreement to the contrary of the traffic ownership belongs therefore to the selected provider, whether for call-by-call selection or pre-selection,
a. The traffic owner establishes the prices to be paid by the end user and reserves the right to bill the end user directly;
b. Until the introduction of pre-selection the provider declared as having significant market power in the fixed telecommunications network and or the fixed telephone service is constrained to bill the end user whenever the selected provider requests, through supply conditions laid down in its reference interconnection offer.
