Advertising in the information service ''118'' within the framework of the universal service
Whereas all the assumptions on which are based the draft decision which forbids advertising conveyed by PT Comunicações SA in the directory enquiry service provided through the telephone number “118” within the framework of the PT Comunicações SA universal service are maintained;
Taking into account that the complete directory enquiry service referred to above includes the universal service foreseen in the Electronic Communications Law;
Whereas, pursuant to the Concession Bases approved by Decree-Law no. 31/2003, PTC undertakes to ensure the universal service provision under the terms fixed in the law - now Law no. 5/2004, of 10 February - and further applicable legislation in accordance with subsection b) of article 87 of Law no. 5/2004 and that pursuant to subsection d) of paragraph 1 of article 89 of the same Law, the US provider must comply with the non-discrimination principle in the processing and provision of the information that is supplied to them, including by other companies;
Whereas, it is with the objective of ensuring an effective information to users that the universal service provider is supplied with several mechanisms aiming to ensure the effective provision of a service for which a price is accepted to be charged, fixed now through a Convention entered into pursuant to the provisions contained in article 11 of Decree-Law no. 458/99;
Whereas, accepting that the universal service provider will use the advantages that are given to them to, for their own profit, promote their services or third parties services, contributes to misrepresent the purposes of the universal service and is also subject to distort the competition and market development, which falls within the responsibility of ANACOM, within the scope of its duties;
Whereas it is the responsibility of ICP-ANACOM to adopt the most efficient and adequate solutions to ensure the provision of the universal service complying with the principles of objectivity, transparency, non-discrimination and proportionality, as well as to reduce to the minimum market distortions - article 86, paragraph no. 3 of Law no. 5/2004;
Taking also into account that the Consumer Institute has already given its opinion, in Recommendation no. 2/99, that, as well as in the draft decision approved on 14 April 2004, concludes that it is not legitimate the inclusion of advertising such as PTC does in ''118'';
The Board of Directors of ANACOM, in accordance with the provisions contained in paragraph no. 4 of article 25 of the Concession Bases approved by Decree-Law no. 31/2003, of 17 February, of subsection g) of article 9 of its Statutes, attached to Decree-Law no. 309/2001, of 7 December and within the scope of the provisions contained in subsections d) and h) of paragraph no.1 of article 6 of the Statutes referred to above, aiming to fulfil the objectives foreseen in article 5, paragraph 1, subsections a) and c), paragraph no. 2, subsection b) and paragraph no. 4, subsection a) and d) of Law no. 5/2004, of 10 February, determines:
1. Advertising conveyed through the directory enquiry service, provided through the telephone number ''118'' within the scope of the universal service by PT Comunicações SA is forbidden.
2. PT Comunicações SA must immediately stop conveying any type of advertising message through the directory enquiry service provided within the universal service.
