Reasoned Resolution and Execution of Regulation no. 987-A/2020
ANACOM was summoned in the context of an injunction brought by MEO - Serviços de Comunicações e Multimédiahttps://temp.dre.pt/web/guest/home/-/dre/161433219/details/maximizedhttps://temp.dre.pt/web/guest/home/-/dre/161433219/details/maximized, S.A., in which the applicant sought suspension of the effectiveness of the rules set out in articles 42, 44 and 45 of Regulation no. 987-A/2020 of 05 Novemberhttps://www.anacom.pt/render.jsp?contentId=1573881 (Regulation governing the Auction to Allocate Rights to Use Frequencies in the 700 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.6 GHz and 3.6 GHz bands - "Auction Regulation"). The summons did not include notice that barred ANACOM, under the provisions of article 128, paragraph 1 and article 130, paragraph 4 of CPTA - Código de Processo nos Tribunais Administrativos (Code of Procedure in Administrative Courts), from commencing or proceeding with execution of the respective regulatory rules.
In the meantime, the main bidding phasehttps://www.anacom.pt/render.jsp?contentId=1709636 of the auction procedure has already been concluded, the assignment session was concluded and the draft report of the auction was approvedhttps://www.anacom.pt/render.jsp?contentId=1711544, including the draft decision to allocate the rights of use of frequencies, which was subject to a prior hearing of interested parties, whereby ANACOM's Board of Directors intended, within a short period of time, to allocate the rights of use of frequencies to the winning bidders - applying, in particular, the above legal provisions of the Auction Regulation.
Therefore, considering that these facts and the pending injunction could result in automatic prohibition of the application of these rules of the Auction Regulation, as would be likely to cause serious harm to the public interest, by decision adopted on 16 November 2021 and on a precautionary basis, the Board of Directors saw fit to approve a Reasoned Resolution, in which it gave recognition to the existence of serious harm to the public interest that would result in the event that ANACOM was prevented from the practice of acts of execution or application of the rules under articles 42, 44 and 45 of the Auction Regulation, and so determined full maintenance of all effects produced by the above legal provisions.
This Reasoned Resolution was communicated to the competent Court on the same date.