(corrected news item)
The Tribunal Administrativo e Fiscal of Lisbon has issued a notice in case n.º2604/04.3BELSB, indicating that it has received a request for adopting conservation measures which would amount to a suspension of two specific aspects of the ANACOM decision of 17 July 2004 relating to the reference offer for duct and pole access.
Article 26 of Lei n.º 5/2004, of 10 Feb 2004, which transposed the EU regulatory framework for electronic communications into Portuguese law, stipulates that the concession holder (PT Comunicações) must make available an offer for duct and pole access.
ANACOM’s decision of 17 July 2004 established that this offer must be a ‘reference offer’, and contained the details of the required contents of PT Comunicações’ reference offer, including aspects such as technical terms and conditions, contractual details, pricing information, delivery times, maintenance timeframes, a requirement for annual updates, etc.
The Court has received an application from PT Comunicações to suspend the following two aspects:
– Article 6f), which requires PT Comunicações to describe in its reference offer the space that remains free in its ducts, and the space forecasted to be necessary for PT’s own use during the period of validity of the reference offer (the reference offer is annual).
– The last paragraph of Part I of the Annex, which puts an obligation on PT Comunicações to develop, maintain and update a database describing its duct infrastructure and associated infrastructure, and the obligation to make this database available to beneficiaries (other telecom operators) and to ANACOM.