Pursuant to the provisions of articles 28 and 29 of Regulation no. 560-A/2011 of 19 October (hereinafter, the "Auction Regulation"), the Management Board of ICP - Autoridade Nacional de Comunicações (hereinafter, "ICP-ANACOM"), at its meeting held on 15 December 2011, gave approval to the following drafts:
a) Draft Auction Report (hereinafter the "Draft Report");
b) Draft decision to grant rights of use of frequencies.
In compliance with article 28 of the same Regulation, ICP-ANACOM notified all bidders so that, where they saw fit, they might state their positions in writing, within ten working days from the date of reception of the notification, namely:
- Optimus - Comunicações, S.A. (Hereinafter, "OPTIMUS");
- TMN - Telecomunicações Móveis Nacionais, S.A. (hereinafter, "TMN");
- Vodafone Portugal - Comunicações Pessoais, S.A. (hereinafter, "VODAFONE");
- ZON III - Comunicações Electrónicas, S.A. (hereinafter, "ZON III").
Positions were received on a timely basis from OPTIMUS (Annex 1), from VODAFONE (Annex 2) and from TMN (Annex 3). TMN also sent a request seeking to rectify its position, which request was received subsequent to the expiry of the deadline (Annex 4).
Based on the positions and views received, the present prior hearing report sets out the position taken by ICP-ANACOM and gives basis, in conjunction with the final auction report, to the decision on the allocation of rights of use of frequencies.
Given the subject matter contained in the positions received, this report will be divided into the following chapters:
- Clarifications provided by ICP-ANACOM (Part I);
- Clarifications relating to article 35 of the Auction Regulation (Part II);
- Decision to release the guarantee deposit provided by ZON III (Part III);
- Other matters (Part IV).
