Fábrica da Sé is the holder of the right of use for frequencies ICP - ANACOM No. 170/2009, intended for the provision of a publicly available radio broadcasting programme service, of a local scope, in the municipality of Portimão, in the 87.5 -108 MHz band.
Fábrica da Sé is also the holder of a radio station license of the radio broadcasting service No. 20276, valid up to 22 May 2019, according to which the station broadcasts at 106.5 MHz, as well as of a radio network license of the fixed service (studio-to-transmitter links) No. 507730, also valid up to 22 May 2019.
As regards the transferee, it was found that FMEASY - Empresa de Radiodifusão e Informação, Lda., does not hold any license for the pursue of the radio broadcasting service of local coverage or of a right of use for frequencies.1
The request under consideration was analysed bearing in mind the requirements which, according to paragraph 5 of article 34 of ECL, must be fulfilled so that ANACOM may assess the planned transfer.
As such, and by letter of 10 November 2015, AdC was requested to issue an opinion for the purpose of paragraph 7 of article 34 of ECL.
Furthermore, in compliance with article 34, paragraph 5 a) of ECL, ANACOM disclosed at its website (Transfer of right of use of frequencies from Rádio Costa D'oirohttps://www.anacom.pt/render.jsp?contentId=1372667), on 16 November 2015, that it had received from ERC an application to decide on the intention expressed by Fábrica da Sé Catedral de Faro - Rádio Costa D’oiro to transfer to FMEASY - Empresa de Radiodifusão e Informação, Lda., the right of use for frequencies (RUF) that it had been granted for the pursue of the radio broadcasting activity.
In response received on 30 November 2015, AdC concludes that «the planned transfer is not likely to give rise to competition distortions, specially as regards the creation of significant barriers to effective competition in the national market or in a substantial part thereof».
With regard to other requirements, on whose fulfilment the granting of the authorization for the transfer of the right of use for frequencies depends, set out in paragraph 5 of article 34 of the ECL, as well as in article 14 of Decree-Law No. 151-A/2000, ANACOM takes the view that they have been duly safeguarded, in the light of available information.
Specifically on the safeguard of restrictions provided for in the Radio Law (requirement laid down in paragraph 5 e) of article 34 of ECL), in articulation with article 4 of that same Law, and given that ANACOM lacks information on capital shares between the several bodies qualified for the pursuit of the radio broadcasting activity, it is deemed that it is incumbent on ERC to assess, at all times, whether restrictions laid down on the ownership of radio programme service operators are not infringed.
1 For information purposes, it is stressed that in the scope of the process for transfer of the local radio programme service known as «Regional Algarve» and of the respective license for the pursue of the radio activity, the Regulatory Council of ERC decided to authorize the transfer of the «Regional Algarve» programme service held by Rádio Racal - Empresa de Radiodifusão e Informação, Lda., (former name of FMEASY, according to the permanent certificate included in ERC’s file) as well as of the respective license, to R.T.A.-Sociedade de Radiodifusão e Telecomunicação de Albufeira, Unipessoal, Lda. (RUF ICP-ANACOM No. 5/2014).
