2.2. Weighting factors

ICP-ANACOM points out the position expressed by PTC in its reply to the public consultation on scenarios or the evolution of the DTT network when the company states that «any decision on the evolution of the DTT network must be carefully assessed taking into account, at least, three basic criteria (...)», which the DTT network operator presents in a systematic manner as follows:

(i) To ensure a solution that avoids or has no impact on populations and on their access to digital television;

(ii) To ensure a solution that avoids costs to be incurred by the State;

(iii) To ensure a solution that confirms the stability of current settings.

As to the first aspect referred to by PTC - to ensure a solution that avoids or has no impact on populations and on their access to digital television - this Authority cannot but agree with this position and with the emphasis given to it by the DTT operator. ICP-ANACOM agrees also with the way PTC expresses this weighing factor, when the company states that the main concern should be to «ensure access to DTT by each and every single citizen», adding that the company «has always focused its attention on addressing particular problems that occur, even if a single citizen is affected». In fact, ICP-ANACOM believes also that the main concern here is to ensure access to DTT by each and every single citizen, thus the main target of any solution adopted should be to ensure this guarantee.

Moreover, taking into account the temporary solution implemented in the meantime and adopted for a year now, ICP-ANACOM acknowledges that it helped stabilizing the network in areas of overlay network coverage, and weighing the impact on the population of its termination, the Authority considers that such a scenario could be disruptive at the moment. As such, the three transmitter stations of Monte da Virgem, Lousã and Montejunto will be integrated definitively in the RUF.

As regards the second criterion identified by PTC - to ensure a solution that avoids costs to be incurred by the State - this Authority is also of the opinion that it should be weighted to the greatest possible extent and a solution that gave rise to such costs should only be considered where required to safeguard the implementation of international or Community spectrum management decisions.

With regards to the third criterion referred by PTC - to ensure a solution that confirms the stability of current settings - this Authority shares also PTC’s view that it should be weighed in the decision and should only give in to international decisions on spectrum management that require a change in the network or in case it is found that the main purpose of ensuring access to DTT by each and every single citizen it not fully achieved via the solution in force in each moment.

Nevertheless, while agreeing with the criteria governing the solution for the evolution of the DTT network as listed by PTC, ICP-ANACOM notes with surprise that in its response, the operator fails to consider the factors related to likely scenarios for use of spectrum in the medium to long term, namely at European level (digital dividend 2), which may already be expected with a degree of predictability such as to require them to be taken into account at present. To disregard this evolution, in the light of data currently known, would place an increased uncertainty as regards the future, so this Authority believes that this factor must be weighted from the outset, as far as possible, although in a cautious and staged way, as in fact PTC itself later admitted¹.

In conclusion, ICP-ANACOM takes the view that the model set out in the previous point for the evolution of the DTT network meets in an appropriate and timely manner the several targets intended to be safeguarded, it does not bring about any disruptions at the present time and anticipates evolutions as may be necessary - and only to this extent - so that the access of each and every single citizen to DTT is guaranteed and international decisions on the use of spectrum are complied with.