In light of what has been set out, the Management Board of ICP-ANACOM, pursuant to the powers conferred under points c), f) and m) of article 6 of its Statutes, as in annex to Decree-Law no. 309/2001 of 7 December, in pursuit of the regulatory objectives set out in article 5 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September (LCE), and pursuant to articles 15, 16 and 32 of the same Law, determines:
1. To make provision in the national territory of MSS systems in the 1980-2010 MHz and 2170-2200 MHz frequency bands by applicants which are selected under the terms of Decision no. 2009/449/CE subject to the allocation by ICP-ANACOM of a right of use, which right is to be applicable to the satellite component and also to the ground component (CGC);
2. To make the rights of use which are so allocated subject to the following conditions:
a) Conditions as result from the Community selection procedure;
b) Common conditions as laid down in paragraph 2 of article 7 of Decision no. 626/2008/EC regarding the MSS;
c) Common conditions as defined in paragraph 3 of article 8 of Decision no. 626/2008/EC regarding the CGC;
d) Conditions as result from paragraph 1 of article 27 of the LCE, which are applicable by their nature;
e) Conditions as result from paragraph 1 of article 32 of the LCE, among which the following are identified:
i) Right of use of radio spectrum assigned to the provision of MSS;
ii) Effective and efficient use of frequencies;
iii) Compliance with the specific conditions governing use of radio frequencies as included in the radio licenses issued pursuant to Decree-Law no. 151-A/2000 of 20 July;
iv) Compliance with the technical and operational conditions necessary for the non-production of harmful interference and for the limitation of public exposure to electromagnetic fields in accordance with Decree-Law no. 11/2003 of 18 January and with Decree-Law no. 1421/2004 of 23 November and with the regulations of ICP-ANACOM as are published in the implementation thereof;
v) That the right of use be valid until 14 May 2027;
vi) Payment to ICP-ANACOM of the fees due under the terms of article 105 of the LCE and under the terms of article 19 of Decree-Law no. 151-A/2000 of 20 July, as amended by Decree-Law no. 264/2009 of 28 September;
vii) Compliance with the obligations arising from international agreements applying to use of frequencies.
3. To make the MSS network subject to radio licensing in the form of network licensing, pursuant to paragraph 1 of article 7 and to paragraph 1 of article 8 of Decree-Law no. 151-A/2000 of 20 July .
4. To amend the National Table of Frequency Allocations in accordance with the present decision.
