Anacom – the National Communications Authority applied a fine of 350 thousand euros to NOS for the unilateral modification of the terms of contracts of approximately 821,641 subscribers. The modification in question was the introduction of mandatory advertising viewing in the advanced and automatic recordings functionality of the TV Service.
According to the regulator, the company did not communicate to subscribers, in writing and in an adequate manner, and with a minimum advance notice of 30 days, the proposed modification nor their right to terminate the contract without any charge if they did not agree with the change. This right was provided for in paragraph 16 of Article 48 of the Electronic Communications Law.
The decision was issued on July 7 and communicated this Monday, August 31. Anacom highlighted that the adoption of habitual or standardized behaviors by electronic communications companies that are likely to lead to the violation of legal rules or regulator determinations constitutes an administrative offense.
NOS has already filed an appeal for judicial review against the decision at the Competition, Regulation and Supervision Court. In June, the operator had also announced it would appeal another fine imposed by the Competition Authority, together with MEO, Vodafone and Accenture.
