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Anacom fines Novis at € 10,000 per day for promoting Optimus Home

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The communications regulator has announced that it will fine Novis by € 10,000 per day because the operator, disrespecting a decision by the regulator, maintained the promotional campaign for the Optimus Home product, after it was banned and ordered to cancel all communication efforts.

In a determination of 26 November, Anacom prohibited the commercialization of Optimus Home and obliged Novis to adopt measures that prevent the continuity of its publication to the public by any means. In addition to this obligation, there is the need to notify subscribers of the termination of the service within a maximum period of five days. The regulator considers that the resolution has not been complied with and notes that the product promotion campaigns were maintained in various media.

Thus, the regulator applies a «periodic penalty payment of 10,000.00 euros for each day of non-compliance that arises from the notification of the resolution adopted today, without prejudice to other penalties applicable in the administrative infraction process», justifies a statement issued yesterday .

The document again calls for the immediate cancellation of any form of publication of the service, warning the company that it is subject to identical sanctions as of December 27 this year.

Novis and Optimus were not notified of the decision due to the urgency of the measure, the document justifies. It is recalled that the determination of 26 November, which prohibited the maintenance of the product itself on the market, was meanwhile revised after Optimus presented a restructuring to its initial offer.

Contacted by TeK, Anacom source explained that the fine comes after an analysis process by Anacom that led to the finding that Novis and Optimus were not complying with the determination of 26 November.

Regarding the changes made in the meantime to the product, these are not considered by the regulator since there is no final decision regarding the viability of the product, but only a sense of favorable decision, explained the same source.

The regulator’s final decision regarding the changes introduced to the Novis and Optimus voice product should not be known before the end of the year since the period reserved for Novis to present its arguments to the regulator has extended until the next 28 from December.

Related News:

2004-12-13 – Anacom approves Optimus Home after changes to the initial proposal

2004-11-29 – Anacom suspends Optimus Home service but SonaeCom advances with new offer