Alteration of the process for migrating between service providers in the context of the ''PT ADSL Network'' wholesale offer

/ / Updated on 23.01.2007

Determination of ICP-ANACOM regarding the alteration of the Process for Migrating between service providers in the context of the ''PT ADSL Network'' wholesale offer

The Board of Directors of ICP-ANACOM, considering:

(a) The objectives of the regulations provided for in article 5 of Law nº 5/2004 of 10 February, that are designed to promote competition in electronic communications networks and service offers, to ensure maximum benefits for the user in terms of choice, price and quality, to encourage efficient investment in infrastructure, and to promote innovation;

(b) that by its determination of 24 June 2005, the Board of Directors of ICP-ANACOM decided to conduct a prior hearing of interested parties for the proposed draft determination, heard and analysed comments, and justified the decision relating to the Report on the Prior Hearing of Interested Parties for the Proposed Draft Determination on Alterations to the ''PT ADSL Network'' Wholesale Offer, which is an integral part of the present determination, and in the scope of its jurisdiction provided for in article 6, item 1, sections b), e) and f) of its articles of association, approved by Decree-Law n.º 309/2001, of 7 December, and under section a) of n.º 3 of article 68 of Law n.º 5/2004 and sections b) and g) of article 9 of the article of association, decides:

1. to order PT Comunicações, S.A. to make changes within 10 working days to its ''PT ADSL Network'' wholesale offer, in order to eliminate the condition that prevents PT Comunicações, S.A. from implementing migration until it has received a request for the termination of contract with the provider from which the end user is migrating; PT Comunicações, S.A. must initiate the migration process on its reception of the request for provision from the provider to which the end user is migrating.

Notice of termination must be submitted by the end user to the provider to which the user wishes to migrate, at the moment the user expresses his/her wish to enter into an agreement with the provider. Unless otherwise agreed, this provider should, in turn, pass the notice of termination to the provider from which the user is migrating.