1. Analysis of the submitted applications
With a view to their technical analysis and decision, the application envelopes were opened by ICP-ANACOM 1, in the following chronological order:
a) Application from OPTIMUS, on 9 November 2011;
b) Application from VODAFONE, on 10 November 2011;
c) Applications from TMN and ZON III, on 11 November 2011.
Upon examination, it was found that, in the application submitted by ZON III, the signatures on the application request and on the declarations provided pursuant to points g) and h) of article 13 of the Auction Regulation lacked recognition, and it was also found that further clarification was required to enable assessment of the relationships of control or significant influence. Considering such omissions rectifiable, ICP-ANACOM 2 requested rectification of the omission by the company, which was duly done within the time granted by ICP-ANACOM for the purpose. Within the same period, ZON III also provided additional clarification as requested by ICP-ANACOM under paragraph 1 of article 5 of the Auction Regulation (Annex 16).
ICP-ANACOM saw no need for any clarification or additional items with respect to the applications submitted by OPTIMUS, VODAFONE and TMN
Meanwhile, as a guarantee of the performance of commitments assumed upon the submission of applications and of the obligations inherent to the entire auction procedure, each applicant provided a bank guarantee, having an amount of fifteen million euros, made in favour of ICP-ANACOM and executable upon first demand. In accordance with the provisions of point b) of paragraph 1 of article 10 of the Auction Regulation, this guarantee ensures that, once admitted, the respective applications receive the maximum number of eligibility points available to each bidder, notwithstanding the spectrum caps applicable under article 8 of the same Regulation.
2. Decision on the submitted applications
Upon conclusion of the examination of the applications and whereas:
a) All documentation submitted by applicants as part of their applications was duly examined, including the respective application and all supporting documents and information;
b) Subsequent to said examination, it was found that the applications fulfilled the qualification criteria stipulated in articles 9, 10, 12 and 13 of the Auction Regulation and that there were no grounds for rejecting any of the applications.
The Management Board of ICP-ANACOM, pursuant to paragraph 1 of article 14 and within the period of four days stipulated therein, and pursuant to paragraph 1 of article 15, both of the Auction Regulation, decided, by determination of 17 November 2011, to admit the four applications received at the auction, awarding each one the maximum number of available eligibility points, notwithstanding the spectrum caps stipulated in article 8 of the Auction Regulation (Annexes 17 to 20).
Concomitantly, with a view to the preparation of the bidding stage and under paragraph 1 of article 5, paragraph 4 of article 6, paragraph 3 of article 15 and paragraphs 3 to 5 of article 16 of the Auction Regulation, on the same date, the Management Board of ICP-ANACOM further decided:
a) To determine that the bidding stage would commence on Monday, 28 November 2011;
b) To approve the conditions governing access to the electronic platform referred to in paragraph 4 of article 6 and paragraph 3 of article 16 of the Auction Regulation, in the form of the document "Manual de Utilização da Plataforma Eletrónica" (Electronics Platform User's Manual - Annex 21);
c) To approve the alternative means to the electronic platform foreseen in paragraphs 4 and 5 of article 16 of the Auction Regulation, as well as the respective conditions of use, as set out in the document "Condições de utilização dos meios alternativos à Plataforma Eletrónica" (Conditions of use of alternative electronic platform - Annex 22);
d) To determine the terms governing to the conduct of training sessions and tests on the electronic platform with each of the bidders and conducting a draw to determine the order of participation in these sessions (see Chapter D. Training sessions and tests).
By determination of the Management Board, by the same determination of 17 November 2011, the decisions of admission to the auction, as well as other decisions referred to above and the annexes thereto, were notified electronically to the bidders on the same day of 17 November, using the email address leilao-multifaixa@anacom.ptmailto:leilao-multifaixa@anacom.pt, as follows:
a) OPTIMUS, at 8:22 p.m. (Annex 23);
b) VODAFONE, at 8:26 p.m. (Annex 24);
c) TMN, at 8:29 p.m.(Annex 25);
d) ZON III, at 8:32 p.m. (Annex 26).
1 By decision of the Member of the Management Board with delegated powers, pursuant to point u) of the Delegation of Powers.
2 By decision of the Chairman of the Management Board, ratified at its meeting of 17 November 2011.
