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Ministerial Order no. 1704/2003, of 28 of January28.01.2003
Published in D.R. number 23 (Series II) of 28 January 2003
Ministério da Economia (Ministry of Economy)
Gabinete do Ministro (Minister's Office)
Oniway - Infocomunicações, S.A. (Oniway) requested of the Minister for the Economy the repeal, without carrying with it the imposition of any conditions or charges, of the administrative act which granted the License N. º ICP - 03/UMTS for the operation of the International Mobile Telecommunications Systems (IMT2000/UMTS), performed in compliance with the Order of the Minister for Social Equipment of 19 December 2000, pleading subsequent reasons of public interest.
By Order of the Minister for the Economy of 13 January 2003, the granting of a license to Oniway was repealed, having regard also to the opinion delivered by ICP - National Communications Authority (ICP - ANACOM). Under the law, having been repealed the act of license granting, it follows logically and formally that the title of the operator expires. Thus the sprectrum allocated to Oniway is now available.
TMN - Telecomunicações Móveis Nacionais, S.A. (TMN), VODAFONE TELECEL - Comunicações Pessoais, S.A. (VODAFONE TELECEL) and OPTIMUS - Telecomunicações, S.A. (OPTIMUS) requested the allocation of additional frequencies for the operation of International Mobile Telecommunications Systems (IMT2000/UMTS).
Therefore, having regard to the opinion on the requests submitted by TMN, VODAFONE TELECEL and OPTIMUS, presented to me by ICP - ANACOM, and pursuant to paragraph 3 of article 24 of Decree-Law 381-A/97 of 30 December, I hereby determine:
1. To allocate to TMN, VODAFONE TELECEL and OPTIMUS, respectively, 2x5 MHz of additional paired spectrum between 1920-1980 MHz / 2110-2170 MHz bands, for the operation of International Mobile Telecommunications Systems (IMT2000/UMTS);
2. That the allocation of the additional spectrum referred to in paragraph 1 carries with it the obligation to ensure the performance of projects already engaged, namely by making the spectrum accessible to the general public and through the contribution on the part of operators, in proportional terms, for the necessary projects to the development of the Information Society, established as such by the Government.
3. To assign ICP - ANACOM the task of performing the necessary actions for the implementation of paragraph 1 of the present Ministerial Order, namely at the spectrum management level.
Lisbon, 13 January 2003. The Minister for the Economy. - Carlos Manuel Tavares da Silva.
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