It follows from the radio licensing system1 that network and station licenses are transferable, the respective holders being required to notify ICP-ANACOM in advance of their intention to transfer them and of applicable conditions.
In this context also ICP-ANACOM must rule, within 45 days at the most, on the content of the notification, being entitled to oppose the transfer of licenses or to impose any conditions required for the optimal management of the spectrum and, specifically, for the effective and efficient use of frequencies and to prevent distortion of competition.
The body to which licenses are transferred assumes all associated rights and obligations, the transfer of a network licence implying the transfer of all licences of the stations which comprise the network, if any.
Systematising the framework set out above, it is incumbent upon ICP-ANACOM, when faced with a merger operation, such as the one here under consideration, which involves the transfer of rights of use for frequencies and of radio licenses, to verify whether it does not call into question the regulating principles of use of those spectrum resources or user rights, imposing, where appropriate, the conditions that enable such rights to continue to be used within the applicable legal framework.
1 Vide article 14 of Decree-Law No. 151-A/2000, of 20 July, as amended and republished by Decree-Law No. 264/2009, of 28 September, and later amended by Law No. 20/2012, of 14 May.
