3. Framework
3.1. The qualifying document of rights of use for frequencies allocated to Vodafone for the provision of terrestrial electronic communications services - ICP-ANACOM No 03/2012
Pursuant to paragraphs 1a) and 10.1.b) of qualifying document ICP-ANACOM No 03/2012, issued on 9 March 2012, Vodafone holds rights of use, on the national territory, for the provision of publicly available terrestrial electronic communications services, of 2 x 20 MHz in the sub-band 1920-1980 MHz/2110-2170 MHz, for the UMTS system and other systems that comply with technical constrains that are established in the scope of the implementation of Decision No 676/2002/EC of the European Parliament and of the Council, of 7 March.
The right of use for frequencies (RUF) under consideration was allocated for 15 years, expiring on 11 January 2016 (paragraph 17.1.a) of qualifying document ICP-ANACOM No 03/2012).
RUFs allocated to NOS - ICP-ANACOM No 01/2012 - and to MEO - ICP-ANACOM No 02/2012 - include a similar clause, being set out that licenses expire also on 11 January 2016.
3.2. Amendment and period of validity of rights of use for frequencies
Pursuant to article 20 of ECL, conditions applicable to the exercise of an activity, including rights of use, may be amended in cases of objective justification and in accordance with the principle of proportionality, by means of law, regulation or administrative act, as appropriate.
In such circumstances, amendments to be adopted are subject to the general consultation procedure1, and stakeholders, namely users and consumers, are allowed a sufficient period of time to express their views on the proposed amendments, which is no less than 20 days, except in exceptional and duly justified circumstances (paragraph 3).
The general consultation procedure, in the context of article 20 of ECL, is not required in the case of minor amendments, which do not change the substantial nature of rights of use, namely not causing any comparative advantage, and which have been agreed with the holder of rights of use (paragraph 4).
As far as the period of validity of rights of use for frequencies is concerned, article 33 of ECL lays down that such rights are granted for a 15-year period of time, and in duly substantiated situations, according to the service concerned and taking due account of the objective pursued as well as of the need to allow for an appropriate period for investment amortisation, they may be granted for a different period, for a minimum of 10 years and a maximum of 20 years.
