ANACOM was cited in the context of an injunction sought by NOS Comunicações, S.A. (NOS), relating to obligations arising from 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. 386/20.6BELSB-A –, in which the applicant sought “partial suspension of the effectiveness of the acts by which Autoridade Nacional de Comunicações (ANACOM) proceeded, following the Auction subject to Regulation no. 987 A/2020 of 5 November ("5G Auction Regulation"), to make allocation to NOS of the Rights of Use of Frequencies in the 700 MHz, 2.1 GHz and 3.6 GHz bands, and to issue the respective title, dated 23 and 26 November 2021, solely insofar as the company is 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 endorsement no. 5 to this title".
In the summons received, reference is made to article 128 of Código de Processo nos Tribunais Administrativos (Administrative Courts Procedural Code) (and in the Order, a copy of which was also sent, the summons makes reference in its notice to the provisions set out in that legal precept).
Therefore, by determination of 8 March 2022, ANACOM's Board of Directors adopted a Reasoned Resolution, under the terms of and for the purposes of paragraph 1 of said article 128 of the CPTA, in which it recognised the existence of serious harm to the public interest in preventing performance of acts of execution or application of its acts of 23 and 26 November 2021, insofar as they make NOS subject to compliance with network access obligations.
This Reasoned Resolution was communicated on the present date to the competent Court.
New injunction sought by NOS (Case no. 386/22.6BELSB-A)https://www.anacom.pt/render.jsp?contentId=1718885
