4. Analysis of the application


The application submitted by Vodafone, here under examination, represents a request for amendment of conditions associated to RUF ICP - ANACOM No 03/2012, pursuant to article 20 of ECL, namely the RUF’s date of expiry.

In fact, Vodafone requests the postponement of the date of expiry of rights of use for frequencies in the 2100 MHz band from 11 January 2016 to 5 May 2018 (date which corresponds to the expiry of the 14-year period of time calculated from the effective start of commercial operation of UMTS systems by Vodafone), so that the respective period of validity would be around 17 years and 4 months. This request represents an amendment of the administrative act allocating Vodafone the referred right of use for frequencies, and it is admitted under article 173 of the (new) Administrative Procedure Code (hereinafter new APC)1, repealing rules applying.

In this context, ANACOM is the authority empowered to perform the required amendments, which must take the form of the repealed act (articles 169 and 170 of the new CAP, which apply ex vi article 173).

Valid administrative acts establishing rights may be amended under article 167 of the new CAP, which applies by virtue of article 173 of the same Code, in this case the amendment of the administrative act was requested by the respective beneficiary, inalienable rights not being here in question.

Notes
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1 Approved by Decree-Law No 4/2015, of 7 January.