By notification received on 18 December 2014, PT Comunicações, S. A. (PTC) and MEO - Serviços de Comunicações e Multimédia, S.A. (MEO) informed ICP-ANACOM that they had registered on 21 November 2014 the draft terms of the merger by means of acquisition of MEO into PTC, in the competent Commercial Register, having also requested from the Minister for Economy the authorization required for the purpose.
According to the referred communication, PTC was of the view that the register of the merger would result in the formal termination of MEO, and that by virtue of the law, the whole of its rights and obligations would be transferred to PTC, especially those resulting from licenses for the pursue of activities within the electronic communications sector, certificates allocating rights of use for numbers and codes of the National Numbering Plan and certificates allocating rights of use for frequencies.
In this framework, PTC requested of ICP-ANACOM that this Authority took all appropriate steps to formalise any amendments required to accommodate the notified merger.
As regards the authorization requested from the Minister for Economy, concerning the change in the ownership of MEO’s share capital in the scope of the UMTS Tender Regulation (in annex to Administrative Rule No. 532-A/2000, of 31 July), it is noted that ICP-ANACOM, further to a request for an opinion from the Secretary of State for Infrastructures, Transports and Communications, informed, by letter date 18 December 2014, that although there seemed to be no reasons to issue a negative opinion on PTC’s request, the position taken was without prejudice, nor could it be otherwise, to the analysis and understanding that this Authority should adopt in the exercise of its own powers granted under the Electronic Communications Law (Law No. 5/2004, of 10 February1), namely in the scope of the transfer of rights of use for frequencies and numbers.
1 As amended and republished by Law No. 51/2011, of 13 September, and subsequently amended.
