FWA public consultation report and future action proposal

By determination of 3 May 2004, the public consultation report on fixed wireless access (FWA) was approved, launched on 2 June 2003.  It was at the same time decided to submit to the general consultation procedure foreseen in article 8 of Law no. 5/5004, of 10 February, the framework action proposal, contained in the second part of this report, for which a deadline of 20 working days was fixed. 

Comments should be sent in writing to ANACOM until 1 June 2004, preferably by e-mail, to the address  sistemafwa@anacom.pt.

Determination of ANACOM related to the FWA Public Consultation Outcomes

On 2 June 2003, ANACOM launched a public consultation on Fixed Wireless Access (FWA), which took place until 25 June.

As announced at that time, the aim of the consultation was to habilitate the decision-making process and to help on the identification of appropriate measures to a FWA sustained implementation within the scope, namely, of the granted licenses.

Once the analysis of all FWA components was finished, considering within this scope the replies received in the public consultation, the objectives of ANACOM, as far as this matter is concerned and at the present time, are as follows:

• To put an end to the former FWA licensing model;

• To ensure to all operators the ongoing use of the allocated frequency bands as long as they are being used;

• To consider the possibility of allocating new use rights to the companies which apply to them, with defined geographic basis;

• To apply the principle of treatment equality between PTC and the other operators;

• To allow the use of these frequency bands in the transmission network;

• To reformulate the radio fees system.

The action framework proposal that is now submitted includes an amendment, of regulatory nature, to the rights of use.

Pursuant to article 20 of Law no. 5/2004, of 10 February, the conditions, the rights and the procedures applicable to the activity exercise, including the rigths of use, may be amended in cases objectively justified and in accordance with the principle of proportionality, through law, regulation or administrative act, as the case may be. 

These amendments are subject to the general consultation procedure, in accordance with what is expressly provided by paragraph no. 2 of the same article.

The Board of Directors of ANACOM, in accordance with and complying with the provisions contained in articles 20, no. 2 and 8 of Law no. 5/2004, of 10 February and with ANACOM consultation procedures approved by determination of 12 February of the current year, decides:

1. To approve the FWA public consultation report, which is attached to this determination;

2. To submit the Action Framework Proposal, contained in the second part of the Public Consultation Report, to the general consultation procedure foreseen in article 8 of Law no. 5/2004, of 10 February, fixing a deadline of 20 working days for the interested parties to give their opinion.