Therefore, in the light of arguments put forward above, ANACOM’s Management Board, in the scope of powers provided for in article 8, paragraph 1 e) and h), of its Statutes, approved by Decree-Law No 39/2015, of 16 March, in the pursuit of regulatory objectives provided for in article 5, paragraph 1 c) and paragraph 2d) of the Electronic Communications Law (Law No 5/2004, of 10 February, as amended and republished by Law No 51/2011, of 13 September, and subsequently amended), in the exercise of its duties in overseeing and enforcing the fulfilment of commitments undertaken by holders of rights of use for frequencies, granted in the scope of tender procedures, and under article 26 q) of its Statutes, hereby decides:
- To determine the non-confidentiality of the following elements included in:
(i) MEO’s letter of 01.07.2013:
a) Part A of Annex 1 (“Assumptions of theoretical coverage calculations”):
- identity of the company marketing the planning software in use; and
- identification of the propagation model in use;
b) Annex 2 (“Shapefile”);
c) Annex 3 (“List of parishes in the Mainland, with estimates of rates of population with DTT or DTH coverage”).
(ii) MEO’s letter of 11.11.2013:
a) Point 1.2 (“Detailed information on population effectively covered by DTT”), in the part concerning Annex 3 of the letter dated 01.07.2013:
- the coverage estimate at the level of the Mainland;
- the indication of some of the parishes for which there is a substantial difference between the company’s and ANACOM’s coverage estimates;
- the identification of causes for differences between ANACOM’s and MEO’s coverage estimates;
- the percentage difference as regards the remaining 11 situations where differences in estimates exist;
b) Annex 1 (“Comparison of results presented by MEO and by ICP-ANACOM”), except for the column “Obs” of the submitted table, which should be considered to be confidential; and
c) The Shapefile in annex to the referred letter.
