By determination of the Management Board of ICP-ANACOM of 28 March 2012, approval has been given to the draft decision to renew the rights of use of frequencies allocated to Optimus in the 900 and 1800 MHz bands, whereby it was determined to submit the following to the prior hearing of Optimus, in accordance with article 100 et seq. of the CPA - Código do Procedimento Administrativo (Administrative Proceeding Code), and also to the general consultation procedure, pursuant to article 33, paragraph 3 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September (Lei das Comunicações Eletrónicas (Electronic Communications Law), hereinafter "LCE"):
1. To renew, for a period of 15 years, the rights of use of frequencies as set out in Part III, Chapter I, paragraph 9.1, point a) of Title ICP-ANACOM no. 01/2012 allocated to Optimus, for the provision of publicly available terrestrial electronic communications services in the 900 MHz band (880-915 MHz / 925-960 MHz) and in the 1800 MHz (1710-1785 MHz / 1805-1880 MHz) band for the systems identified in the annex to Decision 2009/766/EC, as amended by Decision 2011/251/EU, as well as for other systems that may come to be included therein.
2. To amend paragraph 11 (coverage obligations) and paragraph 16.1. point b) (time periods and renewal) of Title ICP-ANACOM no. 01/2012 issued to Optimus, under the terms of the draft set out in Annex 1 to the present determination, which annex forms an integral part hereof.
3. To maintain ICP-ANACOM determination of 17 November 2011 on "Questionnaires regarding information on coverage, quality of service and how to implement sharing of sites, to be sent to ICP-ANACOM by undertakings providing the Land Mobile Service (GSM/UMTS) / Annual Declaration to be presented by TMN - Telecomunicações Móveis Nacionais, S.A. and Vodafone - Comunicações Pessoais, S.A. on total coverage, per locality with over 10,000 inhabitants and per municipality receiving provision of services of voice and data up to 9600 bps", in force until the adoption of the separate decision on the provision of information foreseen under Title ICP-ANACOM no. 01/2012, as issued to Optimus, whereas Optimus is bound to comply with the obligations to send information laid down in said determination.
4. For purposes of the draft amendment of paragraph 11.2 of Title ICP-ANACOM no. 01/2012, as set out in Annex 1, Optimus is further required to submit to ICP-ANACOM:
a) A response to the ad-hoc questionnaire, as set out in Annex 2 of the present determination and forming an integral part thereof, no later than 60 working days following the date of the present renewal decision.
b) An annual declaration confirming that, on 31 December of the preceding year, levels of total population coverage were provided for services of voice and data up to 9600 bps per locality with over 10,000 inhabitants and per municipality, which are at least equal to levels prevailing as on the date of the present renewal decision and as reported in the ad-hoc questionnaire set out in Annex 2. This declaration is to be submitted simultaneously with the annual questionnaire referred to in paragraph 3 of determination of 17 November 2011, is to be signed by a person who has authority to bind Optimus and does not affect, in its submission, the accomplishment of supplementary supervision, inspection and oversight actions to be undertaken by this Authority, pursuant to its powers and responsibilities.
5. With the presentation to ICP-ANACOM, within the time limits established for the purpose, of the items referenced in paragraphs 3 and 4 of the present determination, Optimus will fulfil the obligations to send this Authority periodic information as presently required by ICP-ANACOM for the exercise of its responsibility to verify compliance with the conditions laid down in Unified Title ICP-ANACOM no. 01/2012 and to monitor the evolution of the coverage achieved by the company.
Whereas interested parties were granted, a period of 20 days pursuant to both consultation procedures in which to comment, which period ended on 30 April 2012, the only response received prior to the deadline was that of Optimus.
The report on the consultation process was prepared, forming an integral part of the present decision and including a summary of views expressed and the positions taken by ICP-ANACOM thereto.
