Right of use ICP-ANACOM no. 01/2010 - Current Unified Title

By determination of 8 July 2010 ¹, ICP-ANACOM decided, in the context of radio spectrum refarming in the 900 MHz and 1800 MHz frequency bands, to unify the conditions governing the exercise of the rights of use of frequencies granted to Optimus, TMN and Vodafone to provide the land mobile service (LMS), according to UMTS (2.1 GHz band) and GSM/UMTS technologies in the 900MHZ and 1800 MHz bands into a single title.

As such, under paragraph 5 of Right of Use of Frequencies ICP-ANACOM no. 01/2010 ², Optimus retained the right of use in the territory of 2 x 7.8 MHz in the 900 MHz band (880-915 / 925-960 MHz) and 2 x 6 MHz in the 1800 MHz band (1710 - 1785/1805 - 1880 MHz) for the GSM and UMTS systems, as well as other systems as are set out in the annex to Decision 2009/766/EC.

The rights of use of frequencies in question were allocated for a period of 15 years, expiring on 20 November 2012 ³.

Later, in its recent decision of 9 March 2012 ⁴, as regards the issue of the unified titles of rights of use of frequencies for terrestrial electronic communications services, following the multi-band auction, ICP-ANACOM decided to combine "the rights of use allocated under the auction process, together with the previously allocated rights, into a single title, maintaining a unit which guarantees harmonisation of the conditions applicable to the various rights of use of frequencies which have been allocated and which also guarantees efficiency in the accomplishment of the coverage obligations imposed, in strict compliance with the principles governing the management of the radio-electric spectrum which ICP-ANACOM is charged with ensuring.".

As determined, "this incorporation into a single title does not eliminate, nor can it eliminate, the existence of different rights of use of frequencies, which is also clear from the nomenclature proposed for the title, whereby express provision is made for the conditions associated with each said right of use, and likewise for the different coverage obligations, the different periods of validity or specific access obligations."

In this context, the new unified title issued to Optimus (no. 01/2012) also includes the rights of use now covered by the renewal application, whereas in paragraph 5 thereof it is set out that this title substitutes the title previously issued to the company, on 8 July 2010, for provision of the Land Mobile Service, according to GSM and UMTS systems (Right of Use of Frequencies ICP-ANACOM no. 01/2010). That is, the present renewal application refers, currently and specifically, to the rights of use referred to in Part III, Chapter I, paragraph 9.1, point a) of unified title no. 01/2012.

It should be recalled, in this regard, that ICP-ANACOM made it clear from the outset ⁵ that the present renewal application would be treated in a process independently from the issuance of the titles following the auction, under the terms and conditions set out in the Lei das Comunicações Eletrónicas (Electronic Communications Law).