Under the terms of paragraph 1 of article 11 of the Auction Regulation, any interested party was able, within the period provided for the submission of applications and until the sixth day following the beginning of this period, request clarification with regard to any uncertainties arising in the interpretation of any document governing the auction process.
As such, up to the sixth day following the beginning of the period provided for the submission of applications, i.e. up until 28 October 2011, thirteen requests for clarification were received regarding the rules of the Auction Regulation and their proper interpretation:
a) Two requests from OPTIMUS - Comunicações, S.A. (hereinafter, "OPTIMUS");
b) One request from TMN - Telecomunicações Móveis Nacionais, S.A. (hereinafter, "TMN");
c) Four requests from VODAFONE - Comunicações Pessoais, S.A. (hereinafter, "VODAFONE");
d) Two requests from Grupo ZAPP.pt (hereinafter, "ZAPP");
e) Four requests from ZON Multimédia, S.A. (hereinafter, "ZON Multimédia").
|
Annexes |
Author |
Entry |
Responses (*) |
|
1 |
VODAFONE |
25/10/2011 - 14:38 |
27/10/2011- 21:56 |
|
2 |
OPTIMUS |
25/10/2011 - 15:08 |
27/10/2011 - 21:59 |
|
2/11/2011 - 23:31 (**) |
|||
|
3 |
ZON Multimédia |
25/10/2011 - 19:29 |
27/10/2011 - 22:01 |
|
2/11/2011 - 23:30 (**) |
|||
|
4 |
ZON Multimédia |
26/10/2011 - 19:06 |
28/10/2011 - 20:14 |
|
5 |
VODAFONE |
27/10/2011 - 15:27 |
31/10/2011 - 22:53 |
|
6 |
TMN |
27/10/2011 - 15:37 |
31/10/2011 - 22:54 |
|
7 |
ZON Multimédia |
27/10/2011 - 18:33 |
31/10/2011 - 22:54 |
|
8 |
OPTIMUS |
27/10/2011 - 18:53 |
31/10/2011 - 18:51 |
|
9 |
ZAPP |
27/10/2011 - 19:59 |
31/10/2011 - 22:55 |
|
10 |
ZAPP |
27/10/2011 - 23:12 |
31/10/2011 - 18:50 |
|
2/11/2011 - 23:30 (**) |
|||
|
11 |
VODAFONE |
28/10/2011 - 15:41 |
2/11/2011 - 22:54 |
|
12 |
ZON Multimédia |
28/10/2011 - 19:25 |
2/11/2011 - 23:30 |
|
13 |
VODAFONE |
28/10/2011 - 20:25 |
2/11/2011 - 22:51 |
(*) By decision of the Chairman of the Management Board, ratified at the meeting of 3 November 2011.
(**) Partial substitution of previously provided clarifications.
As shown in Table no. 1, all requests for information received prior to the deadline were answered by ICP-ANACOM electronically using the email address leilao-multifaixa@anacom.ptmailto:leilao-multifaixa@anacom.pt, within a period not exceeding two days following the date of reception, in accordance with paragraph 3 of article 11 of the Auction Regulation.
As also shown in the same table, as a result of uncertainties arising in the meantime as regards the interpretation of the provisions of paragraphs 4 and 5 of article 35 of the Auction Regulation, as well as clarification provided in response to the fourth request for clarification submitted by ZON Multimédia on 28 October in relation to national roaming obligations, ICP-ANACOM proceeded, on 2 November 2011 and pursuant to Article 137 of the CPA, with the partial substitution of the information provided to:
a) OPTIMUS, on 27 October 2011 (Annex 2);
b) ZON Multimédia, on 27 October 2011 (Annex 3);
c) ZAPP on 31 October 2011 (Annex 10).
A further request for clarification was received from ZAPP at 0.35 a.m. on 1 November 2011, which request, as not received within the deadline established in paragraph 1 of article 11 of the Auction Regulation, was not given response by ICP-ANACOM (Annex 14).
With the period allowed for the submission of requests for clarification pursuant to paragraph 3 of article 11 having expired and in view of the exceptional need to issue general clarifications on the Auction Regulation pursuant to paragraph 5 of article 11, on 2 November 2011, ICP-ANACOM issued 1 clarifications on the following provisions and subjects (Annex 15), also disclosed on its website 2:
a) Article 13, paragraph 1 of the Auction Regulation;
b) Article 13, paragraph 1, point e) of the Auction Regulation;
c) Article 13, paragraph 1, point g) of the Auction Regulation;
d) Articles 12 and 13 of the Auction Regulation;
e) Article 27, paragraph 4 of the Auction Regulation;
f) Article 35, paragraph 4, point b) and paragraph 5 of the Auction Regulation;
g) Daily and public information on the auction;
h) Communications between the applicants and bidders and the Management Board;
i) Models of guarantee deposits to be provided under the terms of paragraph 10 of article 30 of The Regulation (bank guarantee and insurance bond).
1 By decision of the Chairman of the Management Board, ratified at the meeting of 3 November 2011.
2 See General clarificationshttps://www.anacom.pt/render.jsp?categoryId=343650.
