Reasoned Resolution and Execution of Regulation no. 987-A/2020

ANACOM has been summoned in the context of an injunction filed by MEO – Serviços de Comunicações e Multimédia, S.A. seeking an order suspending the effectiveness of the rules contained in the Regulation amending Regulation no. 987-A/2020 of 5 Novemberhttps://www.anacom.pt/render.jsp?contentId=1573881 (Regulation governing the Auction to Allocate Rights of Use of Frequencies in the 700 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.6 GHz and 3.6 GHz bands – “Auction Regulation”, as previously amended by Regulation no. 596-A/2021 of 30 June), in the event that this amending Regulation receives approval. As a result of the order sought under the injunction, the auction, that is currently ongoing, will continue with participants able to make use of the minimum bidding increments of 1% and of 3%, as provided for in the initial version of the Regulation.

Following approval of the Regulation amending article 30, paragraph 1 of the Auction Regulation by determination of 16 September 2021, and even while the above injunction did not contain notice preventing initial or continued execution of the regulatory rules that might be approved in this scope, as a precaution and on the same date, ANACOM's Board of Directors adopted a Reasoned Resolution under the terms of and for the purposes of the provisions of article 128, paragraph 1 of Código de Processo nos Tribunais Administrativos (Code of Procedure of the Administrative Courts - applicable directly or by force of article 130, paragraph 4 thereof). In this Reasoned Resolution, it was recognised that there would be serious damage to the public interest if the acts of execution set out in the amending Regulation could not be implemented, whereby it was determined that all the effects produced by these rules should be maintained in full. This Resolution was notified to the competent Court.