By determination of 17 October 2011, the Management Board of ICP-Autoridade Nacional de Comunicações (hereinafter, "ICP-ANACOM") adopted a regulation laying down the rules governing the auction for the allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, which regulation was published as Regulation no. 560-A/2011 in Diário da República (Official Gazette), 2nd Series, no. 201, on 19 October (hereinafter, the "Auction Regulation").
Having entered into force on 20 October, the Auction Regulation, in addition to setting out the respective general provisions (articles 1 to 5), also established the rules governing the auction model, the lots and reserve prices (articles 6 to 8), the qualification of applicants (articles 9 to 15), procedures for bidding and for determining the winning bidders and the final results of the bidding (articles 16 to 26), the assignment of allocated lots (article 27 and 31) and, finally, the procedure for granting rights of use of frequencies, including the definition of associated conditions and obligations (articles 28 to 30 and 32 to 39).
As regards the powers and responsibilities conferred upon ICP-ANACOM in respect of the conduct of the auction procedure, by Determination no. 2163/2011 of 27 October 2011, published in Diário da República (Official Gazette), 2nd Series, no. 221 of 17 November, the Management Board of ICP-ANACOM delegated the authority required for the performance of a set of acts foreseen in the Auction Regulation to one of its members (hereinafter, the "Delegation of Powers").
The present report fulfils the requirements of paragraph 1 of article 29 of the Auction Regulation, pursuant to which, within a period of 5 days following conclusion of the prior hearing provided for in article 28 of the same Regulation, ICP-ANACOM is to approve the final report of the auction and decide on the allocation of rights of use of frequencies to the winning bidders.
In this context, this report is divided into five parts:
- Part I. Qualification stage, containing the description of procedures governing clarifications and the submission of applications (Chapters A. Clarifications and B. Submission of applications), analysis and decision on the submitted applications (Chapter C. Analysis and decision) and training of the bidders for the subsequent bidding stage (Chapters D. Training sessions and tests, E. Delivery of access and accreditation components and F. General clarifications and requests for information);
- Part II. Bidding Stage, containing the description of bidding procedures (Chapters A. Preparation of the bidding stage and B. Rounds) and the determination, approval and disclosure of the identity of the winning bidders and the other final results of the bidding (Chapter C. Final results of the bidding stage);
- Part III. Assignment Stage, describing the procedures governing the ranking of winning bidders (Chapter A. Ranking of the winning bidders) and the assignment of lots allocated in the bidding stage, other than lots allocated in the 1800 MHz band (Chapter B. Assignment of allocated lots);
- Part IV. Prior Hearing, referring to the performance of the prior hearing procedure pursuant to article 28 of the Auction Regulation;
- Part V. Decision, with the decision of the Management Board of ICP-ANACOM on the allocation of rights of use of frequencies.
