Delib21 7 05uk 2
Delib21 7 05uk 2
categoryId=215827
Determination of 21.7.2005
3. Consequently, given that PTC exclusively handled billing and collecting of its direct
customers subscriptions and given the absence of a network line subscription
wholesale offer, ICP-ANACOM has concluded that indirect access providers
would not be able to bundle subscription and traffic under the same offer and that
this was discriminatory treatment and would constitute an obstacle to both market
entry and new operators’ development.
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http://www.anacom.pt/template12.jsp?categoryId=74830
2
http://www.anacom.pt/template12.jsp?categoryId=53241
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See ICP-ANACOM determination of 17th December 2004 concerning the imposition of obligations in
the wholesale markets for call origination and termination in the public telephone network at a fixed
location.
(http://www.anacom.pt/streaming/8.9final.pdf?categoryId=138582&contentId=250987&field=ATTACH
ED_FILE).
traffic could constitute a conditioned sale, in breach of article 9 of Law n.º 24/96,
of 31 July, which prohibits service providers from making the provision of a good
or service dependent upon the purchase or provision of another/other services. ICP-
ANACOM also reiterated the determination of 29 May 2003, saying that although
the “package” was not mandatory, questions would remain with regard to other
operators’ ability to replicate a similar offer.
10. In a letter dated 1 June 2005, PTC presented its estimate of access activations under
the SLRO, forecasting 660,000 activations in 2005, 147,000 in 2007 and 99,000
annually for the 2007-2009 period, excluding ADSL activations (for which it did
not present estimates). As stated in this letter, PTC expects that all pre-selection
regime users will activate the SLRO.
11. According to ICP-ANACOM estimates, at the end of the first quarter of 2005 there
were around 666,000 accesses in pre-selection, with companies of the PT
Group offering telephone services under a pre-selection regime in approximately
62,400 of these accesses (9.4 percent of all accesses in pre-selection).
http://www.anacom.pt/streaming/OMR29.11.20041.pdf?categoryId=120742&contentId=246306&field=
ATTACHED_FILE
5
http://www.anacom.pt/streaming/relatorio.orla29.4.05.pdf?categoryId=150162&contentId=270845&field
=ATTACHED_FILE
6
http://www.anacom.pt/template12.jsp?categoryId=150562
2
12. According to PTC estimates, there should be 807,000 accesses associated with the
SLRO by the end of 2006. Excluding accesses in pre-selection from PT
Group companies, this number should be around 731,400 accesses
(assuming that the percentage of accesses for which companies of the PT
Group offer pre-selection remains constant).
14. Given PTC’s estimates, it is believed that achieving 150,000 SLRO activations,
corresponding to around 20% of the activations forecasted for the end of 2006
(excluding activations from PT Group companies), is possible in a relatively
short time frame and compatible with the rapid and effective
implementation of this offer.
17. In the respective consultation report, ICP-ANACOM clarified that the existence of
the SLRO can promote the existence of a single bill, but it may not ensure it, since
there could be circumstances in which the undertakings of the PT Group may not
request the beneficiaries to bill and collect the remaining services comprised in the
SLRO beyond the line’s monthly payment, as well as situations of non-agreement
between the beneficiaries and third parties providing services comprised in the
SLRO. According to available information, there is no country where a single bill
is guaranteed under all circumstances and for all types of access.
19. Thus, ICP-ANACOM’s Board of Directors, in the scope of its jurisdiction provided
for in article 6, item 1, sections b) and f) of its articles of association, approved by
Decree Law n.º 309/2001 of 7 December, in exercising its powers provided for in
http://www.anacom.pt/streaming/relatorio.orla29.4.05.pdf?categoryId=150162&contentId=270845&field
=ATTACHED_FILE
3
article 9, sections b) and g) of its articles of association and in light of the
regulatory objectives established in article 5, item 1, section a) and item 2, section
b) of Law n.º 5/2004 of 10 February (Electronic Communications Law), hereby
approves as a draft decision:
1. That companies of the PT Group may not provide retail offers which
bundle access and telephone traffic at a single price unless all of the following
cumulative requirements are met:
And, insofar as the billing and collecting price set by the beneficiary
undertaking is reasonable,
20. It should also be emphasized that ICP-ANACOM, under the scope of its
supervision and monitoring powers, will continue to verify the deployment and
operation of proceedings associated with the SLRO, which PT Group companies
must guarantee to be transparent and effective.
21. Interested parties wishing to state their opinions on the draft decision may do so, in
writing, within a period of thirty working days, in accordance with the provisions
of articles 100 and 101 of the Code of Administrative Procedure. For this purpose,
“interested parties” include telephone service providers at a fixed location, data
transmission service providers, Internet access service providers and PT
Group companies.
22. This draft decision will be submitted to a general consultation procedure under the
terms of article 8 of Law no. 5/2004 and consultation procedures approved by ICP-
ANACOM on 12 February 2004, with interested parties wishing to state their
opinions having a period of thirty working days to do so.
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Home Page > ANACOM area > ANACOM consultations > Archive of public consultations > Conditions for the provision of bundled network line and
traffic offerings at a single price by PT Group companies
Url: http://www.anacom.pt/render.jsp?contentId=1092788
Published: 04.08.2005
Author: ANACOM