ANACOM approves proposal to amend the RUF held by Dense Air Portugal

On 20 February 2020, ANACOM approved the probable decision (PD) on amending the right to use frequencies (RUF) allocated to Dense Air Portugal, corresponding to ICP-ANACOM no. 04/2010, under the terms set out in draft amendment no. 6, to be included in the entitlement document and which is attached to the DD.

This DD follows the decision of 23 December 2019, in which ANACOM decided, in the context of the next frequency allocation procedure involving the 3.6 GHz band, to incorporate the conditions for the use of the spectrum allocated to it until 2025 in the RUF allocated to Dense Air, in accordance with the public interest objectives to be defined for the band and under non-discriminatory and proportional conditions.

With the approval, on 6 February, 2020, of the ''Approval of the draft regulation of the auction for allocation of user frequency rights in the 700 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.6 GHz and 3.6 GHz bands'', ANACOM has established the conditions associated with the use of the spectrum allocated in this band.

In fact, that draft regulation foresees that spectrum use will be associated to obligations, taking into account the need to generate a positive impact on competition and on end-users, to mitigate the shortcomings in terms of coverage and capacity provided by existing mobile networks, to ensure the economic and social cohesion of the country, meeting the expectations of the population and of the domestic economic sector, as well as to take into account the national objectives defined for mobile broadband under the Portugal Digital Agenda and the National Programme for the Territorial Planning Policy, as well as the European objectives defined for the responsible and resilient development of a "Gigabit Society".

The conditions have therefore been met for ANACOM to implement its decision of 23 December 2019, reflecting the conditions associated to the use of the 3.4-3.8 GHz band until the expiry of its right, i.e. 2025, in a non-discriminatory and proportional manner on the RUF held by Dense Air.

At the same time, in accordance with article 121 et seq. of the Administrative Procedure Code, as well as to the general consultation process, in accordance with articles 8 and 20(3) of the Electronic Communications Law, the decision was made to submit this DD to a prior hearing by Dense Air granting, in both cases, granting twenty business days for opinions to be sent.

In this way, the deadline for receiving opinions under this consultation process ends on 25 March 2020 and they should be sent, in writing and in Portuguese, preferably by e-mail to the email address alteracao-duf-denseair@anacom.ptmailto:alteracao-duf-denseair@anacom.pt1.

Once the consultation process has been completed, the opinions received will be made public, for which reason the interested parties should also submit a version of their opinion with any confidential material removed for publication on this site.

1 Each email may contain one or more files as long as the total size of all files does not exceed 20 MiB, if necessary, comments may be divided into two or more emails.