Termination of FTS contracts in case of suspension of the SLRO due to subscriber payment default


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Termination of fixed telephone service contracts in case of suspension of the subscriber line resale offer due to subscriber payment default

Following the letter sent by PT Comunicações (PTC) on 23 October 2006, requesting a clarification on ANACOM's position, which was conveyed to PTC on 4 October 2006, on the conditions and procedures for the inclusion, in the respective reference proposal, of the suspension of the subscriber line resale offer (SLRO) due to subscriber payment default, ANACOM issued, on 13 November 2006, the following clarification, on termination of fixed telephone service (FTS) contracts in case of suspension of the SLRO due to subscriber payment default.

As the clarification of 4 October 2006 states, the rule provided for in determination of 29 April 2005https://www.anacom.pt/render.jsp?contentId=418740, according to which all contacts of subscribers with companies of the PT Group, as far as the subscriber line is concerned, must be carried out through the beneficiary, applies in this scope to PTC. Consequently, as far as an access with an activated SLRO is concerned, the subscriber must present the FTS contract termination order solely before the beneficiary, which has become its single interlocutor.

This procedure does not question the existence of a contractual relation between the subscriber and the companies of the PT Group, only falls within the scope of establishing a single contact point, just as is the case for other cases which have been also regulated, such as portability and pre-selection. Moreover, the adhesion contract for the provision of FTS by PTC does not prevent such a procedure, provided that the contract termination, embodied in a written communication of the subscriber, is aimed at the other party to the contract, that is, PTC, producing legal consequences towards it only, even where the termination order is submitted via the beneficiary.