Regarding spectrum planning, NFAP's annual revision, made in compliance with the ECL, has great importance nationally. The ECL gave ICP-ANACOM the tasks of frequency planning, in compliance with the spectrum availability criteria, of assuring effective competition in the relevant markets and concerning the effective and efficient use of frequencies.
As per determination of 8 March 2007, in compliance with articles no. 15 and 16 of the ECL, ICP-ANACOM approved a public consultation of the NFAP to be implemented in 2007, which contemplated the elements defined in the ECL and, particularly, after hearing the market on their possible interest in using the spectrum identified as a reserve for frequency bands to be used by the land mobile service (on the 450 MHz, 900 MHz and 1800 MHz bands), from a standpoint of technological neutrality.
Following this consultation, all comments received were taken into account, ICP-ANACOM analysed them according to the regulatory goals set by the ECL and to each of the respondent's positioning on the communications.
Among the report's main conclusions, the following stand out:
- ICP-ANACOM will maintain the approach towards a steady adoption of technological neutrality, only limited by the need to prevent interferences, to assure the compliance with standards that are relevant for the creation of a European single market, and to respect the international agreements of which Portugal is part of, always respecting the need to safeguard the effective and efficient use of the radio spectrum;
- ICP-ANACOM understands that there is a need to assure compatibility between the use of these frequency bands, by the entities that are still not on the market - which is considered positive from a challenge perspective and in order to contribute to create effective competition in the market - and the fact that current mobile operators may need additional spectrum, in order to provide innovative services and increase investment efficiency, thus benefitting end users.
Simultaneously, more specific action lines were launched for the 450 MHz and 900 MHz bands to be used by land mobile service systems, in order, respectively:
- To consider granting rights of frequency use in the 450 MHz band under a technological neutrality perspective, considering the contest as a selection method and considering to prevent access to entities that are already installed in the market, in order to increase the competition level in the mobile market;
- To authorize the use of frequencies already granted in the 900 MHz band to operate UMTS (universal mobile telecommunications system) system - the so-called refarming - that will enable considerable savings on its implementation.
ICP-ANACOM also considered to introduce, in NFAP 2007's final version, an exemption of individual radio licence for AIS (automatic identification system) receiving stations, and to mention ultra-wideband (UWB) technologies, as a result of developments at the international level (particularly, the Decision of the EC 2007/131/CE, of 21 February 2007, regarding the harmonized use of radio spectrum for devices using ultra-wideband technology in the Community).
