By determination of 6 January 2012, ICP-Autoridade Nacional de Comunicações (ICP-ANACOM) approved the final report of the auction for the allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands (multi-band auction), which includes the decision on the allocation of rights of use of frequencies.
In this context, the following allocations were made:
a) Optimus - Comunicações, S.A. (Optimus) was allocated rights of use of frequencies corresponding to the nine lots won by this company, as follows:
i) 2 x 10 MHz in the of 800 MHz frequency band (790-862 MHz);
ii) 2 x 14 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz);
iii) 2 x 20 MHz in the 2.6 GHz frequency band (2500-2690 MHz).
b) TMN - Telecomunicações Móveis Nacionais, S.A. (TMN) was allocated rights of use of frequencies corresponding to the nine lots won by this company, as follows:
i) 2 x 10 MHz in the 800 MHz frequency band (790-862 MHz);
ii) 2 x 14 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz);
iii) 2 x 20 MHz in the 2.6 GHz frequency band (2500-2690 MHz).
c) Vodafone Portugal - Comunicações Pessoais, S.A. (Vodafone) was allocated rights of use of frequencies corresponding to the eleven lots won by this company, as follows:
i) 2 x 10 MHz in the 800 MHz frequency band (790-862 MHz);
ii) 2 x 5 MHz in the 900 MHz frequency band (880-890 MHz / 925-935 MHz);
iii) 2 x 14 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz);
iv) 2 x 20 MHz in the 2.6 GHz frequency band (2500-2690 MHz);
v) 25 MHz in the 2.6 GHz frequency band (2500-2690 MHz).
Pursuant to the provisions of article 32 of the Auction Regulation (ICP-ANACOM Regulation no. 560-A/2011 of 19 October) the titles governing the allocation of rights of use of frequencies are to be issued by ICP-ANACOM upon fulfilment of the deposit obligation provided for in article 30 of this Regulation.
To this purpose, and after the operators deposited the amounts as required by the Auction Regulation, by determination of ICP-ANACOM's Management Board of 3 February 2012, approval was given to the decision on the unified titles of the rights of use of frequencies for terrestrial electronic communications services. This decision was previously submitted to the prior hearing of Optimus, TMN and Vodafone, in accordance with Article 100 et seq. of the CPA - Código do Procedimento Administrativo (Code of Administrative Procedure) and to the general consultation procedure under article 20, paragraph 3 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September (LCE - Lei das Comunicações Eletrónicas (Electronic Communications Law), hereinafter), whereby it was decided as follows:
1. To unify, in a single title, the conditions applicable to the rights of use of frequencies as granted to Optimus, TMN and Vodafone for the provision of publicly available terrestrial electronic communications services, in accordance with the drafts which are in annex to the present determination and which are an integral part hereof.
2. To maintain application, pending approval of the separate decision on the provision of information referred to in the title drafts in annex hereto, of the obligation by which holders of rights of use of frequencies are bound to send such information as is specified in ICP-ANACOM determination of 17 November 2011 on "Questionnaires on information related to the coverage, quality of service and means of implementing site sharing, to be sent to ICP-ANACOM by undertakings providing the land mobile service (GSM/UMTS) / Annual declaration to be presented by TMN - Telecomunicações Móveis Nacionais, S.A. and Vodafone - Comunicações Pessoais, S.A on total coverage provided in the provision of voice and data services up to 9600 bps, as per location with over 10,000 inhabitants and by municipality, ".
Whereas interested parties were given a period of 20 working days to comment, under both consultation procedures, which period ended on 2 March 2012, timely responses were received from the following undertakings:
- ONITELECOM - Infocomunicações, S.A. (ONI);
- Optimus
- TMN
- Vodafone
- Miguel Couto
The report drawn up with basis in this consultation process forms an integral part of the present decision and includes a summary of views expressed and ICP-ANACOM's position thereon.
