Comments received
i. PT GROUP
The PT GROUP highlights the importance of the auction being carefully prepared, through well structured and consolidated procedures, considering it necessary to guarantee the time necessary for all interested parties to prepare and have a period of reflection and stabilisation of the respective participation strategies.
ii. OPTIMUS
OPTIMUS is of the opinion that the evolution of the main stages of the allocation process of the rights of use of frequencies presented by ICP-ANACOM in the draft decision is surprising, considering it unprecedented the proposal to hold an allocation process of multiple band frequencies through an auction less than three months following the launch of public consultations relative to the limitation of the number of rights, as well as of the draft regulation.
This entity is of the opinion that the complexity and impact in the market of the matters placed on public consultation and the need for careful consideration of the comments received are not in keeping with bringing the final decisions to the attention of the market and opening the auction proceeding in mid-May 2011, finding no parallel with the calendar proposed at an international level.
OPTIMUS also notes that the BWA auction in Portugal took 2 years, contrasting this time with the the 3 months proposed for the multi-band auction.
This entity presents a summary of the times in spectrum auctions that were held in some countries of the European Community, and notes the provisions set forth in article 35, no. 3, sub-paragraph b) of the ECL, mentioning that, without prejudice to this article referring to the duration of the procedure itself, the rationale of this regime takes precedence, and even more so, when the issue is that of the preparation of the interested parties to be able to participate in the procedures.
Lastly, OPTIMUS mentions that the execution of the various stages of preparation for the auction generally requires 6 to 7 months of preparation.
Understanding of ICP-ANACOM
ICP-ANACOM takes note of the comments relative to the schedule set out in the draft decision. However, as noted in said draft decision, the deadlines foreseen were merely indicative. It is also noted, in any case, that the execution of the regulatory consultation procedure foreseen in article 11 of the Statutes of ICP-ANACOM to which the new auction regulation will be submitted, determines the need for the schedule of the draft decision to be reviewed.
