By determination of the Management Board of ICP - Autoridade Nacional das Comunicações (ICP-ANACOM), taken at the meeting of 22 December 2010 1, it was decided:
1. «To alter the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace radio channels 61 (790-798 MHz), 64 (814-822 MHz) and 67 (838-846 MHz), assigned to PTC, with channel 60 (782-790 MHz) in Mainland Portugal, channel 54 (734-742 MHz) in the Autonomous Region of Madeira and channels 48 (686-694 MHz), 49 (694-702 MHz) and 55 (742-750 MHz) in the Autonomous Region of the Azores;
2. To order PTC to conclude the replacement of radio channels mentioned in the preceding paragraph by 30 April 2011;
3. To submit determinations laid down in paragraphs above to the prior hearing of PTC, pursuant to articles 100 and 101 of the Administrative Procedure Code, for a period of 15 working days from the date of notification hereof, for a written assessment on the alteration to be carried out, as well as to the general consultation procedure, laid down in articles 8 and 20 of the ECL, for comments by interested parties, in writing and within the same period of time, in this case as from the date this information is made available at ICP-ANACOM’s website;
4. To notify the Entidade Reguladora para a Comunicação Social (Regulatory Authority for the Media) of this draft decision, so that it may assess the subject, if it so wishes, within the period of time set out in the preceding paragraph».
Further to the prior hearing and general consultation procedures, the corresponding report was drawn up, the following conclusions, duly grounded, having been reached:
- Maintenance of the draft decision approved on 22 December 2010 to alter the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace radio channels 61 (790-798 MHz), 64 (814-822 MHz) and 67 (838-846 MHz), assigned to PTC for the Autonomous Regions of Madeira and the Azores, with channel 54 (734-742 MHz) in the Autonomous Region of Madeira and channels 48 (686-694 MHz), 49 (694-702 MHz) and 55 (742-750 MHz) in the Autonomous Region of the Azores;
- Relatively to channel 67 (838-846 MHz), assigned for Mainland Portugal, ICP-ANACOM will immediately promote the prior hearing and general consultation procedures so as to replace it with channel 56 (750-758 MHz).
As a result both of comments received and of the analysis carried out, which is presented in more detail in the report, ICP-ANACOM reached the conclusion that there were reasons which justified the replacement of channel 67, not with channel 60, as initially planned in the draft decision (DD) approved on 22 December 2010, but with channel 56.
In this context, ICP-ANACOM took the view that it should approve a new DD and promote new prior hearing and general consultation procedures, ensuring that interested parties had the opportunity to assess the intended alteration of the DTT Mux A operating channel.
Therefore, on 9 March 2011, the Management Board of ICP-ANACOM determined as follows 2:
1. «To approve the report 3 on the prior hearing and general consultation to which the draft decision approved by determination of the Management Board of 22 December 2010 was submitted, in the terms and on the grounds indicated therein;
2. To alter the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace radio channels 61 (790-798 MHz), 64 (814-822 MHz) and 67 (838-846 MHz) assigned to PTC for the Autonomous Regions of Madeira and the Azores with channel 54 (734-742 MHz) in the Autonomous Region of Madeira and channels 48 (686-694 MHz), 49 (694-702 MHz) and 55 (742-750 MHz) in the Autonomous Region of the Azores;
3. To approve a draft decision on the replacement of channel 67(838-846 MHz), assigned for Mainland Portugal, with channel 56 (750-758 MHz)».
On the same date (9.3.2011), ICP-ANACOM approved the following DD 4:
1. To alter the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace radio channel 67 (838-846 MHz), assigned to PTC for Mainland Portugal, with channel 56 (750-758 MHz)
2. To order PTC to conclude the replacement of channel 67 with channel 56 by 15 July 2011, starting with relays concerned with the analogue switch-off pilot stages in zones specified by ICP-ANACOM;
3. To submit determinations laid down in paragraphs above to the prior hearing of PTC Comunicações, S.A., RTP - Rádio e Televisão de Portugal, S.A., SIC - Sociedade Independente de Comunicação, S.A. and TVI - Televisão Independente, S.A., pursuant to articles 100 and 101 of the Administrative Procedure Code, for a period of 10 working days from the date of notification hereof, for a written assessment on the alteration to be carried out, as well as to the general consultation procedure, laid down in articles 8 and 20 of Law number 5/2004, of 10 February, for comments by interested parties, in writing and within the same period of time, in this case as from the date this information is made available at ICP-ANACOM’s website;
4. To notify the Entidade Reguladora para a Comunicação Social (Regulatory Authority for the Media) of this draft decision, so that it may assess the subject, if it so wishes, within the period of time set out in the preceding paragraph.
By the deadline for reception of comments (29.03.2011), responses were received from the following bodies and persons:
- OPTIMUS - Comunicações, S.A. (OPTIMUS);
- PT Comunicações, S.A. (PTC);
- SIC - Sociedade Independente de Comunicação, S.A. (SIC);
- Vodafone Portugal - Comunicações Pessoais, S.A. (VODAFONE);
- José Ilídio Morais;
- José Oliveira Cangueiro.
The response of the Entidade Reguladora para a Comunicação Social (ERC) was received on 29 March 2011.
An unidentified person also submitted a response.
Given the succinct nature of this document, its analysis also requires the consultation of the referred responses, which shall be made available at ICP-ANACOM's website together with this report, as far as non-confidential parts are concerned.
1 Available at Projecto de decisão relativo à alteração dos canais de funcionamento da Televisão Digital Terrestrehttps://www.anacom.pt/render.jsp?contentId=1063747.
2 Available at Alterations to operating channels of DTT Mux Ahttps://www.anacom.pt/render.jsp?contentId=1076911.
3 Available at Alteração de alguns canais de funcionamento do Multiplexer A da Televisão Digital Terrestrehttps://www.anacom.pt/render.jsp?categoryId=340656.
4 Available at Projecto de decisão relativo à substituição do canal 67 pelo canal 56 da televisão digital terrestre no território continentalhttps://www.anacom.pt/render.jsp?categoryId=340655.
