DRAFT DECISION
Definition of maximum retail prices for calls to the “707”, “708” (universal access services) and “809” (shared cost call services) numbering ranges
I. Framework
The services provided through the “707”, “708” and “809” numbering ranges are characterised by allowing the access to a certain number, always in the same way and at the same price, throughout the entire country.
The services using the “809” numbering range are further characterised by the breakdown of the call price between the entity originating it (user) and the called party (service client).
The client engaging such services from a telecommunications provider (provider holding the number) and defining its usage criteria (place, date, time, etc.) is generally an enterprise undertaking those numbers for its public enquiry services.
The price of calls for these numbering ranges is determined by the provider holding the number rather than by the provider in the network of which the call is originated.
II. Background
In the course of the current year, ANACOM has received complaints from users as well as from providers of telephone services, regarding the prices of calls for the “707”, “708” and “809” ranges and also the usage conditions for these numbering resources.
In fact, ANACOM 's attention was drawn to the emergence of services, in these ranges, that supposedly are close to the concept of audiotext (/template16.jsp?categoryId=4689), being the users faced with unexpectedly high telephone bills resulting from calls made to such numbers.
Another type of complaint concerns the enterprises public enquiry services, that being provided under “707” numbers, force the user who makes enquiries by telephone to pay a higher price for the call than would be expected having regard to the nature of the information.
In particular, Onitelecom has registered an increasing usage of the “707” range “for the provision of services with audiotext characteristics, inclusively as regards tariffs for the public, which are many times higher than the long distance national calls”, a situation that, in the view of that operator, could call into question the provision of the services it was originally intended for.
Onitelecom thus suggested that the price for the public of calls originated in the fixed networks and destined to services of the “707” range should be determined by ANACOM, not exceeding the highest telephone tariff of the respective provider.
Onitelecom further added that ANACOM should take a specific account of the issue of the access through mobile networks (where it exists). Finally, the operator under consideration takes the view that these criteria should be applied likewise to the “809” range service.
PT Comunicações also questioned ANACOM as to the usage of the “707” range, namely stating that “the practised prices point to the usage of numbers for the provision of services other than telephone communications”. On the same occasion, PT Comunicações declared that the complaints of its own clients submitted directly to the enterprise, to ANACOM and to DECO were mounting.
Having regard the importance of the matter, ANACOM, within the scope of a public consultation regarding the National Numbering Plan (NNP) launched on 2/6/2003, raised the question of imposing a maximum tariff on calls for these numbers.
In their replies to the consultation, most of the providers of telecommunications services (Jazztel, Novis Telecom, Onitelecom, Optimus, PT Comunicações and TMN) as well as the Institute for the Consumer, showed a favourable disposition towards this solution.
III. Reasoning and decision
The indication of the price to pay for a call to a certain numbering range is a valuable information to the user – that is, it is important that the number includes an information as to the “price area” where the connection is placed.
For the providers in the network of which the call is originated there are also advantages to be gained from the determination of a price for these numbering ranges, for many times they struggle with amounts which are uncollectible or of difficult collection, a reflex of user complaints as regards the amounts to be paid.
It must be highlighted once more that the determination of the call price may be outside the scope of these providers, who are responsible for handing over the income collected to the provider holding the number (to whom they solely charge for the origination price, plus a remuneration for billing and collection).
It is incumbent upon ANACOM to manage the NNP according to the principles of transparency, equity and efficiency, as well as to define the prefixes and identification codes for telecommunication services or other, establishing the respective usage conditions (points a) and b) of paragraph 2 of article 28 of Decree-Law no. 415/98, of 31/12.)
Pursuant to the NNP (Final Provisionshttps://www.anacom.pt/render.jsp?categoryId=5396) which is itself a set of rules, ANACOM is entitled, within its management powers regarding numbers, codes and addresses, to review the procedure stated therein where such a review proves to be necessary.
It is further incumbent upon ANACOM to determine the rules regarding the granting and mode of usage of numbering resources, as well as the protection of consumer interests, namely by ensuring the disclosure of information relating to public usage of communications.
Within this context, ANACOM deems necessary and appropriate to determine a maximum retail price for calls to the “707”, “708” and “809” numbering ranges, having regard to the fact that this measure shall enable the user to be provided with a more reliable and clear information as to the usage conditions of such numbering resources.
Moreover, ANACOM considers that the promotion of tariff transparency advises a single maximum price to be adopted for each numbering range, that is, a price independent from the network originating the calls.
Finally, ANACOM takes the view that it must differentiate the price of calls made to each of these numbering ranges. This differentiation shall enable enterprises who are clients to the service to choose between the “707”, “708” and “809” numbering ranges, based in particular on its commercial strategy, preserving the clarity of the information provided by the NNP to consumers in particular and to the market in general.
Regarding the definition of the level of maximum prices to be settled for each numbering range, an appropriate approach would be to establish for calls to the “809” range the price of a national call in the scope of the universal service (at present, € 0,0738 per minute), considering that the NNP already presents a connection between the price of calls with shared costs (“808”) and the universal service tariff. As to the “707”and “708” ranges, the maximum price to be settled must take into account the origination price (together with the billing and collection costs). In order to preserve the mentioned variety of options, two different price levels are established, of which one corresponds to the remuneration of any type of origination and the other, lower, is based on the remuneration cost of origination in the fixed networks, having acknowledged that this type of calls may represent the majority of calls to the non-geographic number under consideration. ANACOM takes the view that the existence of this lower maximum limit for a perfectly identified numbering range shall provide the client with a wider choice, without prejudice to tariff transparency.
ANACOM holds also that this measure should be applied at once, taking account of the need to safeguard the interests of users, without prejudice to possible amendments resulting from the process of consultation of the NNP, currently under way.
In light of the above, within the scope of the powers provided for in article 6, paragraph 1, points b) and h) of the Statutes, approved by Decree-law no. 309/2001 of 7 December, the Board of Directors of ICP-ANACOM, pursuant to points a) and b) of article 28 of Decree-Law no. 415/98 of 31/12, hereby determines the following:
1. The maximum retail prices applicable to calls to the “707”, “708” and “809” numbering ranges are the following:
- “707”: € 0,15 per minute;
- “708”: € 0,25 per minute;
- “809”: price of a national call in the tariff of the universal service.
2. ANACOM shall monitor the evolution of market conditions as regards the prices practiced within the offer of services of universal access and shared costs, aiming at assessing the need for further intervention.
3. To submit the provisions of this deliberation to the prior hearing of interested parties, who are entitled to assess the issue within 10 working days at the most, pursuant to article 100 and 101 of the Code of Administrative Procedure.
4. To request of the Institute for the Consumer, DECO, FENACOOP and UGC, that they present their opinion within 10 working days on the deliberation to be adopted, having regard to the reflex it may have on consumer interests.
