FWA is considered as a system that provides, in whole or in part, the connection of the end-user (or group of end-users concentrated on the same radio termination ) to an access point or distribution of a public communications network as defined in point z) of article 3 of the LCE, whereas it can also be used as a system supporting the transmission network.
It is recalled that in February 2009, by determination of the Management Board of ICP-ANACOM, the right of use of frequencies of Onitelecom was amended 1, whereby the number of stations to be installed in zone 1 was reduced from 11 to 10 2.
As such, Onitelecom was obliged to "maintain a minimum number of installed Central Stations respecting the following accumulated evolution and quantification":
|
Years |
Zone 1 |
Zone 2 |
Zone 9 |
Total Stations |
|
2006 |
10 |
7 |
3 |
20 |
|
2007 |
10 |
7 |
3 |
20 |
|
2008 |
10 |
7 |
3 |
20 |
|
2009 |
10 |
7 |
3 |
20 |
|
2010 |
10 |
7 |
3 |
20 |
Onitelecom will maintain the same number of stations until the right of use of frequencies expires on 01January 2015.
Having given consideration to the request, ICP-ANACOM has concluded that, despite the fact that, to date, no other operator holding rights of use of frequencies in this band have claimed that the operating infrastructure is approaching the end of its life cycle, in terms of spectrum management, there is no obstacle to proceeding with the amendment of right of use of frequencies ICP-ANACOM no. 6/2006 on the terms requested.
As such, the commercial operation of the FWA system will continue in geographical areas 1, 2 and 9, whereby Onitelecom shall remain bound to the installation of a minimum number of central stations, observing the following evolution and quantification:
|
Years |
2011 |
2012 |
2013 |
2014 |
|
Zone 1 |
10 |
10 |
8 |
0 |
|
Zone 2 |
5 |
3 |
0 |
0 |
|
Zone 9 |
3 |
3 |
3 |
3 |
At the end of the period of validity of the right of use of frequencies, Onitelecom will have advanced with the total deactivation of the stations.
In accordance with the system of fees for the use of frequencies, applicable to FWA systems, provided for in Administrative Rule no. 1473-B/2008 of 17 December 3 (point 1.3.8 - Fixed wireless access (FWA) and broadband wireless access (BWA) systems), the deactivation requested entails a change in the amount due in 2013 and 2014.
At a different level, it is noted that in seeking approval of the present plan to deactivate the FWA network, the applicant does not clarify whether such will result in cessation of provision of the offer to their subscribers or if it envisages provision of the contracted services by other means.
In the first case, the LCE determines that users of publicly available electronic communications networks and services have a right to be informed, with a minimum of 15 days notice, prior to the cessation of provision (article 39, paragraph 1, point c) of the LCE). This information must, with the same period of notice, also be communicated to ICP-ANACOM (article 39, paragraph 3 of the same law).
In the second case, where the company makes an amendment to the contractual conditions, it is bound to notify subscribers of the proposed amendment, in an appropriate manner and with notice of not less than one month, and is bound, simultaneously, to inform subscribers of their right to terminate the contract without penalty where they do not accept the new conditions, according to the time limit stipulated in the contract (article 48, paragraph 3 of LCE).
Depending on the case, Onitelecom is bound to comply with the applicable legal regime.
1 Annotation to the title available at Acesso Fixo Via Rádio (FWA)https://www.anacom.pt/render.jsp?categoryId=287159 (Fixed Wireless Access (FWA)).
2 OONITELECOM - Amendment of the right to use FWA frequencieshttps://www.anacom.pt/render.jsp?contentId=844243.
3 Repeals Administrative Rule no. 1062/2004 of 25 August and approves the fees due in respect of the issuance of declarations supporting rights, for the exercise of the activity of supplier of electronic communication networks and services, for the allocation of the rights of use of frequencies and numbering, for use of the radio spectrum and other fees due to ICP-ANACOM.
