REPART requests assignment of frequencies allocated to RADIOMÓVEL

By determination of 15 November 2004 of ANACOM Board of Directors, non-approval of the additional radio channels assignment request submitted by REPART - Sistemas de Comunicação de Recursos Partilhados, S.A. was adopted as draft decision

This determination follows the request submitted by REPART on 29 September consisting in the spectrum allocated to RADIOMÓVEL - Telecomunicações, S.A. being assigned to REPART for the provision of Mobil Service with Shared Resources  (SMRP) in accordance with the analogue (MPT 1327) and digital (TETRA) systems..

REPART was already notified to, under the terms and for the purposes of the provisions contained in articles 100 and 101 of the Rules of the Administrative Procedure, give their opinion, if willing to do so, within 10 days, on the adopted draft decision.

ANACOM Board of Directors based their reasoning on the following facts and grounds:

a)  REPART was licensed, following a public tender, to operate the so-called Complementary Mobile Telecommunication Services - Mobile Service with Shared Resources (SMRP), being at present qualified to use analogue (MPT 1327) and digital (TETRA) systems;

b) REPART based their additional frequency assignment request on the assumption that RADIOMÓVEL would cease, until 9 November 2004, the use of frequencies that are assigned to them and associated to the MPT 1327 and TETRA technologies and that the same would be returned to ANACOM;

c) The radio channels that REPART wants to have are now assigned to  RADIOMÓVEL for the provision of Mobile Service with Shared Resources (SMRP) in accordance with the MPT 1327 and TETRA technological systems, pursuant to the frequency publication for the biennium 2002-2003, currently in force;

d) On the other hand, it is not clear if the situation on which REPART is before ANACOM is that of a concessionaire (derived) of frequencies that still belong to another operator, a situation foreseen in article 37 of Law no. 5/2004, of 10 February, or if it is that of an ex new acquisition of frequency use rights that are already available, a situation foreseen in article 35 of said diploma;

e) On the other hand, the radio channels, which assignment REPART wants, are not available since they are now assigned to RADIOMÓVEL.