ANACOM approves 2007 version of NFAP


ICP-ANACOM - Autoridade Nacional de Comunicações has approved the 2007 version of the National Frequency Allocation Plan (NFAP), as well as the report on the public consultation that was launched to sound out the market on this subject.

The version of the NFAP now approved, contains alterations compared to the previous version (NFAP 2005/2006). It makes provision for refarming in the 900 MHz bands, strikes the provision which reserves the GSM spectrum in the 900 and 1800 MHz bands for current mobile operators in the event of proven need, and further considers the placing of the 450 MHz band of the spectrum in the market.

With respect to refarming, it was decided that, in line with the adoption of the principle of technological neutrality, the obligation to use the 900 MHz band in accordance with GSM technology should be removed. This will allow a more efficient use of the spectrum, especially in the use of UMTS technology. This alteration will also bring further advantages with regard to spectrum efficiency and wider coverage implementation, bringing benefits to the final consumer. The possibility of refarming remains, however, subject to the decision of the European Commission, expected shortly.

Also in the 900 MHz band, and with respect to the spectrum available in the band designated for GSM expansion(E-GSM), despite the interest expressed by the current mobile operators and by two further entities interested in entering the market, it was decided, for the time being, not to make this spectrum available.

In the 1800 MHz band, the responses received in the public consultation did not allow a clear assessment of the level of interest of potential new operators in exploiting this spectrum. As such it was decided that the 2007 NFAP should not include any initiative in the 2007 NFAP on the placing of this spectrum in the market.

However, ICP-ANACOM intends to launch a public consultation on the use of the 2.5 GHz bands in the first quarter of 2008, and at the same time to reassess the uses of the 900/1800 MHz bands.

With regard to the 450 MHz band, the responses received in the consultation demonstrated significant interest in the exploitation of this spectrum, in particular for the terrestrial mobile service. However, in light of the scarcity of the spectrum, ICP-ANACOM considers that there is a need to limit the concession of usage rights and to adopt a selection procedure for their allocation, given the expectation that the spectrum available will only permit the operation of a single network.

ICP-ANACOM considers that the allocation of usage rights in the 450 MHz frequency bands, from a perspective of technological neutrality, constitutes an opportunity for the promotion of greater competition in the offer of electronic communication networks and services. This would also give incentive to new entities to enter the market, and it is therefore under consideration as to whether restrictions should be placed on access to usage rights for these frequencies by entities which are already operating in the market and are licensed to provide public terrestrial mobile service.

The selection method for the allocation of these usage rights should be based on a tender, subject to a set of criteria regarding the technical and economic capability of the applicants, with weighting given to those that contribute to greater competition, innovation and diversity of services. The offer of providing network access to Virtual Mobile Operators, as well as the financial commitments incurred as a result of projects connected with the development of the information society shall also be taken into account.

Summarising the indicative time frame for the allocation of such rights, it is set out that in late August or early September, a public consultation will be launched on the limitation of rights and selection procedures for 450 MHz. The selection procedure regulation should be approved in October, so that the tender can be launched in December.

It is further noted that the 2007 NFAP updates the information on the frequency bands reserved and to be made available this year, in particular for Terrestrial Television Broadcasting (DVB-T).

Furthermore, amendments have been made in order to update the information on usage, with reference to 30 June 2007 (e.g., rectification of the number of FWA blocks in use and the respective scope of use; revision of the number of channels in use by the Fixed, Point-Point, Radio and Television Broadcasting Services; updating of the frequency bands and/or entities using Fixed Satellite service, GMPCS, AES and Amateur Service), as well as updates to the section on spectrum use that is exempt from radio licensing.


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