Determination of ICP - ANACOM on the ''PT ADSL Network'' wholesale offer
- offer with ATM aggregation -
The Board of Directors of ICP-ANACOM,
(a) taking into account the regulatory objectives envisaged in article 5 of Law no. 5/2004 of 10 February, namely to promote competition in the offer of electronic communications networks and services, to ensure that users obtain maximum benefits in terms of choice, price and quality, and to encourage efficient investment in infrastructures and to promote innovation;
(b) considering that, by Determination of 21 October 2004, it decided to grant a prior hearing to interested parties regarding the draft determination it intended to adopt, the observations received, the respective analysis and grounds for the determination being comprised in the “Report of the Prior Hearing granted to interested parties on the draft decision regarding the “PT ADSL Network” wholesale offer – offer with ATM aggregation –“, which is an integral part of this determination; and
in the scope of the assignments provided for in points b), e) and f) of article 6 of the Statures, approved by Decree-Law no. 309/2001, of 7 December, and pursuant to point e) of paragraph 2 of article 122 of Law no. 5/2004 and to points b) and g) of article 9 of the Statutes, hereby orders that:
I. PT Comunicações, S.A. shall amend the “PT ADSL Network” offer within 30 days, defining:
1. A simple and swift process of client migration between the offers with IP and ATM aggregation (including migration between different ISPs), ensuring, whenever possible, namely where operations at the level of the distribution frame do not take place, that the service to the final client is not interrupted, or that all the necessary procedures are made with minimal disruption to the service, which in any case shall not exceed 1 day;
2. A price of € 12,47 per access, in the case of migration on a bulk basis – more than 20 local accesses for a given DSLAM - or where operations at the level of the distribution frame do not take place.
II. Up to the amendment of the offer referred to in I., PT Comunicações, S.A. shall accept and process all requests from OSP so that migrations occur as soon as possible and with minimal impact on the service provided to the end user.
III. PT Comunicações, S.A. shall not deem binding the forecasts for local access with ATM aggregation, conveyed by OSP in the “Demand Forecasts Plan”.
IV. PT Comunicações S.A. shall amend the “PT ADSL Network” within 10 days:
1. Defining the maximum price per month of a VP CBR of 1 Mbps at € 167 for regional level and at € 242 for national level, and the price of VPs of a higher capacity may be defined, per Mbps, at an amount below those now set up,;
2. Defining the maximum price per month of a VP UBR of 1 Mbps at € 125 for regional level and at € 182 for national level, and the price of VPs of a higher capacity may be defined, per Mbps, at an amount below those now set up;
3. Defining the maximum price per month, in the aggregated ATM access, of a VP VBR-rt and of a VP VBR-nrt, comprised between the prices defined for the CBR and UBR categories;
4. Making available, at the VC level, the different end-to-end service categories, from the equipment of the end user up to the OSP ATM network.
V. For the amendments established in I., II and III, the offer conditions shall enter into force on the day the offer is amended and notified. The prices defined in IV. Shall enter into force on 2 November 2004.
