In view of the above and considering the impact of the present draft decision in the relevant market;
The Board of Directors of the ICP-ANACOM, within the scope of the powers provided for in subsections c), f) and m) of article 6 of its Statutes, approved by Decree-Law no. 309/2001, of 7 December, to pursue regulatory objectives provided for in article 5 of Law no. 5/2004, of 10 February, and under articles 8, 15, 16 and 32 of said Law, hereby determines:
1. Make the offer of the MSS systems in national territory, at the 1 980-2 010 MHz and 2 170-2 200 MHz frequency bands, from the selected candidates in accordance with Decision no. 2009/449/EC, subject to the attribution by ICP-ANACOM of a right of use, encompassing the satellite component and the ground component (CGC);
2. Subject the rights of use to be attributed to the following conditions:
a) Conditions resulting from the Community selection procedure;
b) Common conditions defined in no. 2 of article 7 of Decision no. 626/2008/EC, in relation to MSS;
c) Common conditions defined in no. 3 of article 8 of Decision no. 626/2008/EC, in relation to CGCs;
d) Conditions as defined in no. 1 of article 27 of the ECL, which, by their nature, are applicable to the rights of use;
e) Conditions as defined in no. 1 of article 32 of the ECL, among which the following are identified:
i) Right of use of the assigned radio spectrum for the provision of MSS;
ii) Effective and efficient use of the frequencies;
iii) Compliance with the specific conditions of use of frequencies contained in the radio licenses issued according to Decree-Law no. 151-A/2000, of 20 July;
iv) Compliance with the technical and operational conditions necessary for the avoidance of harmful interference and for the limitation of exposure of the population to electromagnetic fields, according to Decree-Law no. 11/2003, of 18 January and Ordinance no. 1421/2004, of 23 November, and regulations of the ICP-ANACOM which are published in connection with their implementation;
v) Setting of a period of validity of the right of use until 14 May 2027;
vi) Payment to ICP-ANACOM of the fees due, in accordance with article 105 of the ECL, as well as article 19 of Decree-Law no. 151-A/2000, of 20 July, amended by Decree-Law no. 264/2009, of 28 September.
vii) Compliance with the obligations resulting from applicable international agreements in terms of use of frequencies.
3. Subject the MSS network to radio licensing in the form of a network license, in accordance with no. 1 of article 7 and no. 1 of article 8 of Decree-Law no. 151-A/2000, of 20 July.
4. Submit points 1 to 3 of the present draft decision to the general consultation procedure, in accordance with article 8 of the ECL, providing a 20-day deadline for interested parties to provide their views in writing, and the information considered confidential should be identified as such by said parties.
5. Change the National Frequency Allocation Plan in conformity with the final decision taken.
