By determination of 12 June 20151, ANACOM approved a draft decision on the amendment of the right of use of frequencies allocated to Vodafone for the provision of terrestrial electronic communication services, which read as follows:
1. To amend the right of use for frequencies allocated to Vodafone, ICP-ANACOM No 03/2012, as regards the respective date of expiry (point 17.1.a) of the qualifying document), pursuant to endorsement No 2 to be integrated in the qualifying document in annex to this draft decision.
2. To consider that there is no reason why NOS and MEO should be treated differently; consequently, in case these companies also apply for a postponement of the date of expiry of the respective RUF, namely in the scope of the assessment of this draft decision, such request shall be decided in the same line, according to the date of effective start of operation of the respective UMTS systems.
3. To consider that, where dates of expiry of RUFs held by NOS, MEO and Vodafone are postponed, procedures relating to the respective renewal are extinguished as they are no longer required (article 112 of the former CAP).
This draft decision was submitted to the prior hearing of Vodafone Portugal Comunicações Pessoais, S.A., of MEO - Serviços de Comunicações e Multimédia, S.A., and of NOS Comunicações, S.A., under article 100 et seq of the former Code of Administrative Procedure, approved by Decree-Law No 442/91, of 15 November (former CAP), as well as to the general consultation procedure, under articles 8 and 20, paragraph 3, of the Electronic Communications Law (ECL)2, stakeholders having been granted 20 working days to assess the issue, if they so wished. The deadline for comments expired on 27.07.2015.
In the scope of the referred procedures, timely contributions were received from the following bodies:
- NOS Comunicações, S.A. (hereinafter NOS).
- MEO - Serviços de Comunicações e Multimédia, S.A. (hereinafter MEO).
- Vodafone Portugal - Comunicações Pessoais, S.A. (hereinafter Vodafone).
The report of the prior hearing and consultation procedures was drawn up, which is deemed to be an integral part of this decision, and includes a summary of positions taken as well as ANACOM's views thereon. The report substantiates this decision, and justifies also amendments that ANACOM deemed fit to introduce hereto.
1 Available at 'Amendment of the right of use of frequencies allocated to Vodafone for terrestrial electronic communication services - deadline extensionhttps://www.anacom.pt/render.jsp?contentId=1361640'.
2 Law No 5/2004, of 10 February, as amended and republished by Law No 51/2011 of 13 September, and subsequently amended by Law No 10/2013, of 28 January, by Law No 42/2013 of 3 July, by Decree-Law No 35/2014 of 7 March, by Law No 82-B/2014 of 31 December, and by Law No 127/2015 of 3 September.
