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Digital television

Background

/ Updated on 06.03.2008

Following the process of public appraisal of the introduction of Digital Terrestrial Television (DTT) in Portugal, launched on 31 August 2007, and the publication of Resolution of the Council of Ministers no. 12/2008 of 22 January, which determines the allocation of radio spectrum capacity remaining in Multiplexer A, associated with the public tender for the allocation of a right to use frequencies on a national basis for the service of digital terrestrial television broadcasting, ICP-ANACOM, by determination of 30 January, approved:

  • the Decision on the limitation of the number of rights to use frequencies reserved for digital terrestrial television broadcasting and the definition of the respective allocation procedure, as well as the respective consultation report; and

  • the Regulation of the public tender for the allocation of a right to use frequencies on a national basis for the digital terrestrial television broadcasting service, which will be associated with Multiplexer A and the respective consultation report, as well as the specifications of said tender.

In this context, Regulation of ICP-ANACOM no. 95-A/2008 of 25 January (hereinafter also Mux A Tender Regulation) was today published in series II of Diário da República, whereby the following is made known:

1. The tender opens on 26 February, being the day on which the Mux A Tender Regulation enters into force (pursuant to articles 1, paragraph 1 and 24 of the Regulation);

2. The object of the tender is the allocation of a right to use frequencies reserved for the digital terrestrial television broadcasting service in the Quadro Nacional de Atribuição de Frequências (QNAF – National Frequency Allocation Plan), corresponding to a coverage of national basis, which shall be associated with Multiplexer A (MUX A), in the frequency bands identified in the Annex to the Mux A Tender Regulation, for the transmission of television programme services with free, unrestricted access;

3. The tender is overseen by ICP-ANACOM, having its registered office at Avenida José Malhoa, no. 12, 1099 - 017 Lisbon;

4. The tender is governed by the provisions of Law no. 5/2004 of 10 February, of Regulation no. 95-A/2008 of 25 February and the set of specifications approved by ICP-ANACOM by determination of 30 January;

5. The right of use is governed by the provisions of Law no. 5/2004 of 10 February, of Regulation no. 95-A/2008 of 25 February and the set of specifications approved by ICP-ANACOM by determination of 30 January, as well as by other legislation applicable to the communications sector and by Law no. 27/2007 of 30 July, where applicable;

6. The set of specifications is available for permanent consultation by interested parties on the website of ICP-ANACOM as well as in the office of public attendance at its registered office, on all working days between 9am and 4pm until the deadline for the delivery of tenders;

7. The deadline for the delivery of bids shall be at 4pm on 23 April 2008 (being 40 working days following the date on which Regulation no. 95-A/2008 of 25 February enters into force);

8. Tenders shall be delivered to ICP-ANACOM under the terms set forth in articles 8 et seq. of the Mux A Tender Regulation and in the set of specifications;

9. The public act of tender for opening the bids shall take place at 10am on the first working day following the date specified in paragraph 7, as set out in the notice published by ICP-ANACOM in the press and made available on its website, which shall also set the venue of said act;

10. The tenderers shall provide a provisional bond to a value of € 750,000 (seven hundred and fifty thousand euros) to guarantee compliance with the commitments assumed through the presentation of the proposals and with the obligations inherent to the tender, under the terms set out in article 5 of the Mux A Tender Regulation;

11. The entity to which right of use of frequencies is allocated, under the terms of the present tender, shall raise the bond to € 2,000,000 (two million euros), in compliance with the provisions of article 17 of the Mux A Tender Regulation;

At the same time, Administrative Rule no. 207-A/2008 of 25 February, which approves the Regulation of the Public Tender for the allocation of rights to use frequencies on a national and partial basis for the service of digital terrestrial television broadcasting and of distribution operator licensing (hereinafter also designated as Mux B to F Tender Regulation), was published today in series I of Diário da República, by which Regulation ICP-ANACOM, as overseer of this tender process (article 17, paragraph 2 of Law no. 27/207 of 30 July - Television Law) makes it know that:

1. The tender opens on 26 February, being the day on which Administrative Rule no. 207-A/2008 of 25 February enters into force (pursuant to paragraphs 1 and 4);

2. The object of the tender is: (a) the allocation of five rights to use frequencies, reserved for the digital terrestrial television broadcasting service in the Quadro Nacional de Atribuição de Frequências (QNAF – National Frequency Allocation Plan), corresponding to two coverages of national territory, which shall be associated with multiplexers B and C, and three coverages of mainland territory on a partial basis, which shall be associated with multiplexers D, E and F, in all cases having basis in single frequency networks (SFN), in the frequency bands identified in the Annex to the Mux B to F Tender Regulation; (b) the licensing of the distribution operator responsible for the activity of television which consists of the selection and aggregation of programming services with unrestricted access subject to subscription or restricted access and for their provision to the public through the aforementioned service of digital terrestrial television broadcasting.  The five rights to use frequencies and the distribution operator licence are to be allocated to a single entity;

3. ICP-ANACOM, having its registered office at Avenida José Malhoa, no. 12, 1099 - 017 Lisbon, is the body overseeing the tender process. ICP-ANACOM is further charged with the allocation of the rights of use while Entidade Reguladora para a Comunicação Social (ERC - The Media Regulator) is charged with the allocation of the distribution operator licence;

4. The tender is governed by the provisions of Law no. 5/2004 of 10 February, of the Television Law, of the Mux B to F Tender Regulation and the set of specifications approved by Administrative Rule no. 207-A/2008 of 25 February, as well as the directly applicable rules of the Code of Administrative Procedure;

5. The allocated rights of use are governed by the provisions of Law no. 5/2004 of 10 February, of the Mux B to F Tender Regulation and the set of specifications approved by Administrative Rule no. 207-A/2008 of 25 February, as well as by other legislation of the communications sector;

6. The exercise of the activity of distribution operator is governed by the provisions set out in the Television Law and the Mux B to F Tender Regulation;

7. The set of specifications is available for permanent consultation by interested parties on the website of ICP-ANACOM as well as in the office of public attendance at its registered office, on all working days between 9am and 4pm until the deadline for the delivery of bids;

8. The deadline for the delivery of bids shall be at 4pm on 23 April 2008 (being 40 working days following the date on which Administrative Rule no. 207-A/2008 of 25 February enters into force);

9. Bids shall be delivered to ICP-ANACOM, under the terms set forth in articles 8 et seq. of the Mux B to F Tender Regulation and in the set of specifications;

10. The public act of tender for opening the bids shall take place at 10am on the first working day following the date specified in paragraph 8, as set out in the notice published by ICP-ANACOM in the press and made available on its website, which shall also set the venue of said act;

11. The tenderers shall provide a provisional bond to a value of € 750,000 (seven hundred and fifty thousand euros) to guarantee compliance with the commitments assumed through the presentation of the proposals and with the obligations inherent to the tender, under the terms set out in article 5 of Mux B to F Tender Regulation;

12. The entity to which the rights to use frequencies and the distribution operator licence are allocated, under the terms of the present tender, shall raise the bond to € 2,500,000 (two million five hundred thousand euros), in compliance with the provisions of article 16 of the Mux B to F Tender Regulation.

The reports of the consultation procedures launched on 31 August 2007 are also available on this date, as well as the non-confidential versions of the comments of interested parties received in this respect.  It is further made known that the report of the public consultation in respect of the draft Regulation on the tender for the allocation of rights to use frequencies on a national and partial basis for the service of digital terrestrial television broadcasting and the licensing of the distribution operator (Muxes B to F) was approved by the Minister of Public Works, Transport and Communications and by the Minister of Parliamentary Affairs.

Finally, as a result of the aforementioned determination of ICP-ANACOM of 30 January on the limitation of rights to use frequencies reserved for the service of digital terrestrial television broadcasting and the definition of the respective allocation procedure, the Quadro Nacional de Atribuição de Frequências (QNAF - National Frequency Allocation Plan) was amended accordingly.

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