New injunction proposed by NOS (Case no. 386/22.6BELSB-A)


ANACOM makes public that:

i. ANACOM has been cited in respect of a new injunction sought by NOS Comunicações, S.A. (Case no. 386/22.6BELSB-A, which is ongoing before Unit 4 of Tribunal Administrativo de Círculo de Lisboa (Lisbon Administrative Circuit Court), to partially suspend the effectiveness “of the acts through which (…) ANACOM, following the auction governed by Regulation no. 987-A/2020 of 5 November (Auction Regulation), proceeded to allocate rights of use of frequencies to NOS in the 700 MHz, 2.1 GHz and 3.6 GHz bands and to issue the respective title, dated 23 and 26 November 2021, respectively, solely insofar as the company is thereby made subject to the obligation to negotiate national roaming agreements, corresponding to the new wording of point b) of paragraph 6, and the addition of a new paragraph 7A to ICP-ANACOM title no. 01/2012, contained in the endorsement no. 5 to this title".

ii. In the summons received, reference is made to article 128 of Código de Processo nos Tribunais Administrativos (Administrative Courts Procedural Code), by which ANACOM and the interested parties are prevented from initiating or continuing with the execution of administrative acts while the injunction is pending (or, at least, until issue and submission to the competent court, of a reasoned resolution recognizing that deferral of execution would be seriously harmful to the public interest).