Introduction

By determination of 17 March 2011, the Management Board of the Instituto das Comunicações de Portugal - Autoridade Nacional de Comunicações (ICP-ANACOM), adopted the following draft decision:

«1. Limit the following number of rights of use of frequencies, for the provision of publicly available terrestrial electronic communications services, by:

a. One right of use of 2×1.5 MHz in the 450 MHz frequency band;

b. Up to six rights of use of 2×5 MHz in the 800 MHz frequency band;

c. Up to two rights of use of 2×5 MHz in the 900 MHz frequency band;

d. Up to six rights of use of 2×5 MHz in the 1800 MHz frequency band;

e. Up to two rights of use of 5 MHz (spectrum not paired) in the 2.1 GHz frequency band;

f. Up to 14 rights of use of 2×5 MHz and up to two rights of use of 25 MHz (spectrum not paired) in the 2.6 GHz frequency band.

2. Define that the allocation procedure of the rights of use of frequencies mentioned in the previous number is that of an auction.

3. Amend the NTFA in force, in order to reflect the provisions in the previous numbers in conformity.

4. Provide a 20 working-day deadline for interested parties to provide their views in writing within the scope of the general consultation procedure to which the present draft decision is submitted».

By determination of 31 March 2011, ICP-ANACOM decided to extend for another 3 working days the deadline for interested parties to submit comments within the scope of the general consultation procedure, which ended on 19 March 2011.

Comments from the following entities were received within the set deadline:

• CPMCS - Confederação Portuguesa dos Meios de Comunicação Social (Portuguese Media Confederation);
• Grupo Portugal Telecom (GRUPO PT), in the name and on behalf of the companies Portugal Telecom, SGPS, S.A., PT - Comunicações, S.A. (PTC), PT PRIME - Soluções Empresariais de Telecomunicações e Sistemas, S.A., and TMN - Telecomunicações Móveis Nacionais, S.A.;
• GRUPO ZON MULTIMEDIA (GRUPO ZON), in the name and on behalf of the companies ZON TV CABO, ZON TV CABO MADEIRENSE and ZON TV CABO AÇOREANA;
• MobiZAPP, Comunicações Electrónicas S.A. (MOBIZAPP);
• OPTIMUS - Comunicações, S.A. (OPTIMUS);
• VODAFONE PORTUGAL - Comunicações Pessoais, S.A. (VODAFONE).
• Identified entitity that requested confidentiality.

The contributions provided by the entity that requested confidentiality, as well as the confidential contributions received from other entities, were not included in the present report, having nonetheless been taken into account in the positions taken by ICP-ANACOM and in the conclusions.

The purpose of the present document, in accordance with the procedures adopted by ICP-ANACOM, on 12 February ¹, namely for the general consultation procedure set forth in article 8 of Law no. 5/2004, of 10 February (ECL), consists in the analysis and summary of the responses to the consultation, as well as an overall assessment reflecting its understanding on said comments.

The preparation of this report does not hinder the availability of said responses (public versions) on the ICP-ANACOM website on the Internet, following approval of the final decision.