ANACOM was notified, within the scope of the injunction procedure brought by MEO – Serviços de Comunicações e Multimédia, S.A. (MEO), concerning Regulation no. 987-A/2020 of 05 Novemberhttps://www.anacom.pt/render.jsp?contentId=1573881 (Auction Regulation for the Allocation of Rights of Use of Frequencies in the 700 MHz, 900 MHz, 1800 MHz, 2.1 GHz, 2.6 GHz and 3.6 GHz bands) - Case no. 2122/20.2BELSB –, of a request whereby MEO, invoking the provisions of article 113, paragraph 4 of CPTA - Código de Processo nos Tribunais Administrativos (Administrative Courts Procedural Code), sought "extension of the object of this injunction, requesting suspension of the effects of ANACOM's decision of 23 November 2021https://www.anacom.pt/render.jsp?contentId=1712276 (… ) and of the title subsequently issued on 15 December 2021https://www.anacom.pt/render.jsp?contentId=1712977, solely to the extent that MEO is made subject to the regulatory obligations whose suspension was requested in the initial application, specifically, the obligations (…) set out in articles 42, 44 and 45 of the Regulation", regarding coverage, strengthening of the voice service signal and access to the network [even while the obligations arising from said article 44 of Regulation no. 987-A/ 2020 do not apply to the company].
While MEO's request is being considered, it may hypothetically be understood that ANACOM is subject to the regime set out in article 128 of the CPTA, which, on a provisional basis, prohibits the execution of administrative acts when there is an application to suspend the effectiveness of said acts.
Therefore, by determination of 7 March 2022 and as a precaution, ANACOM's Board of Directors adopted a Reasoned Resolution, under the terms of and for the purposes of paragraph 1 of the said article 128 of the CPTA, in which it recognised the existence of serious harm to the public interest in preventing the performance of acts of execution or application of its acts of 23 November 2021 and 15 December 2021, insofar as they make MEO subject to compliance with coverage and network access obligations.
This Reasoned Resolution was communicated, on the same date, to the competent Court.