Accordingly, the Management Board of ICP-ANACOM, under the terms of articles 32 and 33, paragraph 3, point c) of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, and pursuant to point I) of article 26 of its Statutes, as approved in annex to Decree-Law no. 309/2001 of 7 December, determines the following:
1. To renew, for a period of 15 years, the rights of use of frequencies set out in Part III, Chapter I, paragraph 9.1, paragraph a) of title ICP-ANACOM no. 01/2012 granted to Optimus for 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 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 of the present determination, which forms an integral part thereof.
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 shall also 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.
Lisbon, 17 May 2012.
