Determination
ANACOM Board of Directors, on 30 September 2004, adopted a decision on a PT Comunicações (PTC) campaign, publicly announced, within the scope of the “Roadshow PT perto de si” event that consisted in the free offer of local, regional and national calls in Leiria area (prefix 244) between 7:00 p.m. on Friday, 1 October and 9:00 a.m. on Saturday, 2 October.
Under the terms of the said determination PTC was obliged to offer free interconnection, in the local, simple transit and double transit levels, to the interested fixed telephone service providers, in any group of networks, which would cover a number of fixed accesses closed to the one covered by that PTC campaign, for a period of time from 7:00 p.m. on a Friday and 9:00 a.m. on the following Saturday.
This decision being considered urgent, there was no prior hearing to the interested parties.
The same determination also foresaw that whenever PTC would make identical or analogue campaigns, namely within the scope of such roadshow, the same would have to report it, at least 3 weeks in advance, to the companies qualified to provide fixed telephone service, offering them free connection in local, simple transit and double transit levels, for a period of time corresponding to the duration of the said campaign.
This last point of the determination was submitted to PTC prior hearing, under the terms of the Rules of Administrative Procedure, the latter having 10 days to give their opinion in writing if they wished. PTC gave no opinion.
Thus, recitals of determination of 30/9/2004 being valid and prior hearing time having elapsed, ANACOM Board of Directors, taking into account article 8, paragraph no. 1, subsection a) of Decree-Law no. 415/98, of 31 December, applicable pursuant to article 122, paragraph 2, subsection f) of Law no. 5/2004, of 10 February, and also taking into account article 6, paragraph 1, subsections b), e) and n) of its Statutes, approved by Decree-Law no. 309/2001, of 7 December, and pursuant to subsection g) of article 9 of those Statutes, decides as follows:
Whenever PTC makes campaigns identical or analogue to the one subjected to ANACOM determination of 30/9/2004, namely within the scope of the “Roadshow PT perto de si” event, they should report it, at least 3 weeks in advance, to the companies qualified to provide fixed telephone service, offering them free interconnection in local, simple transit and double transit levels, for a period of time corresponding to the duration of the said campaign.
