Radio Liz is the holder of the right of use for frequencies ICP - ANACOM No. 167/2009, intended for the provision of a publicly available radio broadcasting programme service, of a local scope, in the municipality of Leiria, in the 87.5 -108 MHz band.
Radio Liz is also the holder of a radio station license of the radio broadcasting service No. 20411, valid up to 09 May 2019, according to which the station broadcasts at 101.3 MHz, as well as of a radio network license of the fixed service (studio-to-transmitter links) No. 505025, also valid up to 09 May 2019.
Radio Liz holds also an Authorization for operation of the Radio Data System (RDS) with the programme channel name (PS): “LIZ FM”.
As regards the transferee, it was found that Record FM - Sociedade de Meios Audiovisuais de Sintra, Unipessoal Lda., holds to date a license for the pursue of the radio broadcasting service in FM, of a local scope, for the Sintra municipality, providing a general-interest programme service called “RECORD FM”, operating at 107.7 MHz, holding also the right of use for frequencies ICP-ANACOM No. 57/2009, intended for the provision of a publicly available radio broadcasting programme service, of a local scope, in the municipality of Sintra, in the 87.5 -108 MHz band, as well as a radio station license of the radio broadcasting service No. 20387, valid up to 30 March 2019, and a radio network license of the fixed service (studio-to-transmitter links) No. 505765, also valid up to 30 March 2019. The company holds also an Authorization for operation of the Radio Data System (RDS) with the programme channel name (PS): “RECORD”.
It is further noted that Record FM – Sociedade de Meios Audiovisuais de Sintra, Unipessoal, Lda.,is 100% owned by Global Difusion, SGPS, S.A., which also holds 100% of:
- Horizontes Planos - Informação e Comunicação, Lda., which holds licenses for the pursue of the radio broadcasting service in the municipalities of Almodôvar and Viana do Alentejo;
- RTA – Sociedade de Radiodifusão e Telecomunicações de Albufeira, Lda., which holds licenses for the pursue of the radio broadcasting service in the municipalities of Albufeira and Silves;
- Radio Clube de Gaia – Serviço Local de Radiodifusão Sonora, S.A., which holds a license for the pursue of the radio broadcasting service in the municipality of Vila Nova de Gaia; and
- Radio Sem Fronteiras – Sociedade de Radiodifusão, S.A., which holds a license for the pursue of the radio broadcasting service in the municipality of Oeiras.
The four bodies mentioned above hold relevant radio station and network licenses issued by ANACOM.
The application under consideration was analysed bearing in mind the requirements which, according to paragraph 5 of article 34 of ECL, must be fulfilled so that ANACOM may assess the planned transfer.
As such, and by letter of 6 April 2016, AdC was requested to issue an opinion for the purpose of paragraph 7 of article 34 of ECL.
Furthermore, in compliance with article 34, paragraph 5 a) of ECL, ANACOM disclosed at its website (Transfer of right of use of frequencies from Rádio Lizhttps://www.anacom.pt/render.jsp?contentId=1383267), on 12 April 2016, that it had received from ERC an application to decide on the intention expressed by Radio Liz., to transfer to Record FM, the right of use for frequencies (RUF) that it had been allocated for the pursue of the radio broadcasting activity.
In its response, received on 22 April 2016, AdC concludes that «Record FM is a company whose capital is exclusively owned by Global Difusion, SGPS, S.A., thus the transfer of the referred right of use for frequencies by the current holder, Radio Liz, to Record FM, consists in a merger operation for the purpose of article 36 of Law No. 19/2012 of 8 May (“Competition Law”). This merger operation, however, does not fulfil the requirement for prior notification of AdC, provided for in article 37 of the Competition Law.
As such, the transfer to Record FM of the right of use for frequencies for the provision of radio broadcasting services, held by Radio Liz, is not likely to give rise to competition distortions, under the terms and for the purpose of the Competition Law».
With regard to other requirements, on whose fulfilment the granting of the authorization for the transfer of the right of use for frequencies depends, set out in paragraph 5 of article 34 of the ECL, as well as in article 14 of Decree-Law No. 151-A/2000, ANACOM takes the view that they have been duly safeguarded, in the light of available information, notwithstanding the fact that the period for non-opposition has expired.
Specifically on the safeguard of restrictions provided for in the Radio Law (requirement laid down in paragraph 5 e) of article 34 of ECL), in articulation with article 4 of that same Law, it is deemed that it is incumbent on ERC to assess, at all times, whether restrictions laid down on the ownership of radio programme service operators are not infringed.
