Communications Dispute Resolution Regulations

The Council of Ministers approved Decree No. 74/2025, dated December 31, which adopts the new Communications Dispute Resolution Regulations, establishing the legal framework applicable to the resolution of disputes between communications service providers and between such providers and consumers.

The regulation also seeks to promote greater transparency, speed, impartiality, and efficiency in the resolution of disputes in the communications sector through the adoption of alternative dispute resolution mechanisms and the strengthening of the powers of the Communications Regulatory Authority.

The Decree enters into force 60 days after the date of its publication.

Key Innovations

1. Establishment of a Specific Dispute Resolution Framework in the Communications Sector

   
   

The new Regulation establishes, for the first time, a specific legal framework applicable to the resolution of disputes between postal and telecommunications service providers, as well as between these providers and consumers.

The regulation defines the procedures, principles, and mechanisms applicable to the handling of dispute resolution proceedings in the communications sector, providing, among other things, for a 5-business-day deadline for the respondent to file a response and a 30-day deadline for concluding the proceedings, except in exceptional circumstances.

The Regulation also establishes that dispute resolution must always be preceded by a phase of prior negotiation between the parties, with the Regulatory Authority intervening only in cases where consensus cannot be reached.

2. Establishment of Principles Applicable to Dispute Resolution Procedures

   
   

The Regulation establishes the following guiding principles applicable to dispute resolution procedures:

a) legality, transparency;

b) accountability;

c) non-discrimination;

d) equity;

e) impartiality;

f) confidentiality;

g) independence;

h) good faith;

i) adversarial proceedings;

j) full right to a defense;

k) proportionality;

l) free of charge and prompt.

3. Strengthening the Powers of the Communications Regulatory Authority

The new Regulation expressly recognizes the powers of the Communications Regulatory Authority to act in the resolution of disputes through:

a) conciliation;

b) mediation; and

c) arbitration.

The regulation also grants the Communications Regulatory Authority the authority to monitor, investigate, and decide on dispute resolution proceedings submitted by operators and consumers. It is important to note that arbitration may only be initiated by express consensus between the parties and cannot be unilaterally imposed on any of the parties involved.

The Regulation further establishes the rights and obligations of the parties within the framework of dispute resolution procedures. Consumers and operators have the following rights:

(i) to be informed about the progress of the proceedings;

(ii) to present their position; and

(iii) to appeal to the competent courts at any stage of the proceedings.

The duties of the Parties include, among others: cooperating and providing accurate information, fully complying with decisions issued within the stipulated timeframe, acting in good faith, respecting the deadlines set for the submission of evidence, ensuring the confidentiality of information, and prioritizing conciliation and mediation, reserving arbitration for cases duly agreed upon by the Parties.

4. Definition of the Main Types of Disputes Covered by the Rules

The new Regulation expressly defines the main types of disputes covered by the regime, including matters related to:

a) interconnection;

b) competition;

c) infrastructure sharing;

d) domestic roaming;

e) pricing and accounting;

f) service billing;

g) quality of service;

h) misleading advertising;

i) privacy;

j) confidentiality; and

k) transparency.

It is important to note that the Regulation distinguishes between two categories of disputes:

(i) disputes between operators, which also cover matters such as liberalization and privatization, agreements and service levels, deadlines, leased lines, deployment techniques, rights of way, frequency use and interference, cross-border disputes, and network access; and

(ii) disputes between operators and consumers, which additionally include the terms and conditions of service contracts.

5. Establishment of Multidisciplinary Dispute Resolution Teams

The law establishes multidisciplinary teams to conduct dispute resolution proceedings, with requirements for independence, impartiality, neutrality, and the absence of conflicts of interest; team members must formally declare any potential conflicts of interest before the proceedings begin.

6. Definition of Procedural Deadlines and Rules of Procedure

The new regime establishes specific rules regarding the processing of dispute resolution proceedings.

a) Among the regulated aspects, the following stand out: submission of the request in writing, either in hard copy or electronically;

b) a 5-business-day deadline for the respondent to file a response;

c) a 15-day deadline for taking procedural steps; and

d) a 30-day deadline for concluding the proceedings, except in exceptional circumstances.

The Regulation also specifies the situations in which the dispute resolution process is considered closed, namely: when the Parties reach a consensus; when the multidisciplinary team establishes a definitive solution; when one of the Parties formally withdraws from the proceedings; due to the impossibility of reaching an agreement; upon expiration of the maximum time limit without a solution; or upon referral to the competent authorities.

7. Binding Nature of Decisions

The Regulation establishes that decisions by the Communications Regulatory Authority are binding on the parties involved, unless the courts rule otherwise.

The regulation also provides that agreements reached through conciliation or mediation must be formalized in writing and are binding on the Parties. In the absence of an agreement during the conciliation or mediation phases, the Parties may choose to submit the dispute to arbitration or to bring the matter before the competent courts.

Conclusion

Decree No. 74/2025 also highlights the legislature’s intention to strengthen the role of the Communications Regulatory Authority in mediating, supervising, and resolving conflicts in the sector, thereby promoting a regulatory environment that is more predictable, balanced, and aligned with the principles of consumer protection and good regulatory governance.

In this context, postal and telecommunications service providers should review their internal mechanisms for complaint management, dispute resolution, and consumer relations to ensure compliance with the new procedures and obligations set forth in the Regulation.

Newsletter_Regulamento de Resolução de Diferendos das Comunicações_EN 26062026.pdf

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