Framework
By determination of the Management Board of ICP - Autoridade Nacional das Comunicações (ICP-ANACOM) of 9 March 2011, it was decided to approve a draft decision on the alteration of the Digital Terrestrial Television network operating channel assigned for Mainland Portugal, as follows:
1. To alter the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace radio channel 67 (838-846 MHz), assigned to PTC for Mainland Portugal, with channel 56 (750-758 MHz);
2. To order PTC to conclude the procedure of replacement of channel 67 with channel 56 by 15 July 2011, starting with relays concerned with the analogue switch-off pilot stages in zones specified by ICP-ANACOM;
3. To submit determinations laid down in paragraphs above to the prior hearing of PTC Comunicações, S.A., RTP - Rádio e Televisão de Portugal, S.A., SIC - Sociedade Independente de Comunicação, S.A. and TVI - Televisão Independente, S.A., pursuant to articles 100 and 101 of the Administrative Procedure Code, for a period of 10 working days from the date of notification hereof, for a written assessment on the alteration to be carried out, as well as to the general consultation procedure, laid down in articles 8 and 20 of Law number 5/2004, of 10 February, for comments by interested parties, in writing and within the same period of time, in this case as from the date this information is made available at ICP-ANACOM’s website.
4. To notify the Entidade Reguladora para a Comunicação Social (Regulatory Authority for the Media) of this draft decision, so that it may assess the subject, if it so wishes, within the period of time set out in the preceding paragraph.
Further to the prior hearing and general consultation procedures, the corresponding report was drawn up, having been reached the conclusion, on the grounds indicated therein, that the position referred to in the DD should be maintained, as regards the alteration of the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace channel 67 (838-846 MHz), assigned to PTC for Mainland Portugal, with channel 56 (750-758 MHz), ordering also PTC to conclude the procedure of replacing channel 67 with channel 56 within the 16 weeks following the date of notification of the final decision, starting with relays concerned with the analogue switch-off pilot stages in zones specified by ICP-ANACOM.
Decision
In light of the above, the Management Board of ICP-ANACOM, in the scope of assignments provided for in article 6, paragraph 1, point c) of its Statutes, published in annex to Decree-Law number 309/2001, of 7 December, and under articles 8, 15 and 20, all of Law number 5/2004, of 10 February and article 26, point l) of the Statutes, hereby deliberates:
1. To approve the report on the prior hearing and general consultation to which the draft decision approved by determination of the Management Board of 9 March 2011 was submitted, in the terms and on the grounds indicated therein.
2. To alter the Right of Use for Frequencies ICP-ANACOM No. 06/2008, so as replace radio channel 67 (838-846 MHz), assigned to PTC for Mainland Portugal, with channel 56 (750-758 MHz).
3. To order PTC to conclude the procedure of replacement of channel 67 with channel 56 within 16 weeks at the most from the date of notification of this final decision, except in case of force majeure duly substantiated and acknowledged as such by ICP-ANACOM, starting with relays concerned with the analogue switch-off pilot stages in zones specified by ICP-ANACOM.
