By determination of the Management Board of ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), of 17 March 2011, approval was given to the "Draft Auctioning Regulation - for allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands", hereinafter referred to as Draft Regulation, under article 35, no. 5, of Law no. 5/2004, of 10 February (Electronic Communications Law - ECL).

Pursuant to and in compliance with the provisions of article 11 of the Statutes of ICP ANACOM, annexed to Decree-Law no. 309/2001, of 7 December, the draft regulation was submitted to the regulatory consultation procedure, the interested parties having been given a time limit of 30 working days to comment on the subject-matter, which ended on 2 May 2011.

Within the scope of this procedure, replies were received within the time limit from the following entities:

  • ACOP - Associação de Consumidores de Portugal (ACOP);
  • CABOVISÃO - Televisão por Cabo, S.A. (CABOVISÃO);
  • FENACOOP - Federação Nacional das Cooperativas de consumidores, FCRL (FENACOOP);
  • Grupo Media Capital, SGPS, S.A. (GMCS);
  • Grupo Portugal Telecom (GRUPO PT), in the name and on behalf of the companies Portugal Telecom, SGPS, S.A., PT - Comunicações, S.A., PT PRIME - Soluções Empresariais de Telecomunicações e Sistemas, S.A., and TMN - Telecomunicações Móveis Nacionais, S.A.;
  • GRUPO ZON MULTIMEDIA (GRUPO ZON), in the name and on behalf of the companies ZON TV CABO, ZON TV CABO MADEIRENSE and ZON TV CABO AÇOREANA;
  • MOBIZAPP - MobiZAPP, Comunicações Electrónicas S.A. (MOBIZAPP);
  • OPTIMUS - Serviços de Comunicações, S.A. (OPTIMUS);
  • VODAFONE - Vodafone Portugal, Comunicações Pessoais, S.A. (VODAFONE);
  • Identified entitity that requested confidentiality.

The contributions provided by the entity that requested confidentiality, as well as the confidential contributions received from other entities, were not included in the present report, having nonetheless been taken into account in the positions taken by ICP-ANACOM and in the conclusions.

The present report presents a summary of the responses received and sets out the position of this Authority on the issues raised. ICP-ANACOM welcomes the positive and constructive character of the majority of responses received, which is reflected in the reception of multiple proposals.

In view of the summary nature of this document, its analysis does not replace consultation of said responses, which shall be made available on ICP-ANACOM's website, simultaneously with the present report, following approval of the final decision.

In this document, the comments and the position of ICP-ANACOM regarding the concrete issues raised by the respondents are presented, together with the conclusions in the final section of the present analysis.

Finally, the confidential character of some or all of the responses submitted by some entities is revealed, which limits the transparency of the analysis and the decision-making process by ICP-ANACOM within the scope of the current public consultation procedure.  These confidenfial contents are identified throughout this report as confidential sections, with the phrases [Start of Confidential Information - SCI] and [End of Confidential Information - ECI].