The Lisbon Court of Appeals has cleared incumbent Portugal Telecom of a E38m fine for allegedly refusing local cable operators TV Tel and Cabovisao access to its ducts without legal justification.
A statement issued by Portugal Telecom said that the…
The Lisbon Court of Appeals has cleared incumbent Portugal Telecom of a E38m fine for allegedly refusing local cable operators TV Tel and Cabovisao access to its ducts without legal justification.
A statement issued by Portugal Telecom said that the ruling, which cannot be appealed, ‘concluded that there was no evidence that the sections of PT’s duct system to which TVTel and Cabovisao were not allowed access were essential facilities for the supply of pay-TV, internet access and fixed line telephony services’.
In addition, the court ruled that, even if these duct sections were ‘indispensable for the supply of the abovementioned services’, there is no evidence to suggest PT’s refusal of access was ‘unjustified or discriminatory’, the operator added.
The now overturned E38m fine was levied by the Portuguese Competition Authority in August 2007.