The request made by Onitelecom represents an amendment of the conditions laid down in article 4 of the right of use of frequencies that authorises the use of frequencies for FWA (DUF ANACOM No. 6/2006).
Under the terms of Law no. 5/2004 of 10 February (LCE - Lei das Comunicações Electrónicas (Electronic Communications Law)), the conditions applicable to the rights of use may be amended in objectively justified cases and according to the principle of proportionality, by administrative act .
In such circumstances, the amendment to be approved shall be made subject to the general consultation procedure, whereby interested parties, including users and consumers, shall be allowed a sufficient period of time in which to comment on the proposed amendments, which period, except in exceptional and duly justified circumstances, shall not be less than 20 days (article 20 of LCE).
The modification requested entails amendment of the valid administrative act of allocation to Onitelecom of the right of use of frequencies for FWA, allowed under article 147 of the Código do Procedimento Administrativo (Administrative Proceeding Code) and shall be subject to the regulatory rules governing revocation. In this context, ICP-ANACOM is the competent authority to enact the amendment, which shall take the form of a revoked act (articles 142 and 143 of the CPA, applicable by force of article 147).
Valid administrative acts constituting rights or legally protected interests may be amended to the extent that they are unfavourable to the interests of the recipients or where all parties concerned give their consent to revoke the act and where it does not involve non-disposable rights or interests (article 140, paragraph 2 of the CPA applying pursuant to article 147 of the same Code).
In this case the amendment of the administrative act was requested by the recipient, whereas it does not involve a non-disposable right or interest.
