Considering:
a) The decisions on the admissibility of applications, which, based on verification of compliance with the qualification requirements set out in articles 9, 10, 12 and 13 of the Auction Regulation, made the companies Optimus - Comunicações, S.A., TMN - Telecomunicações Móveis Nacionais, S.A., Vodafone Portugal - Comunicações Pessoais, S.A. and ZON III - Comunicações Electrónicas, S.A. eligible to participate in subsequent stages of the auction (see Part I. Qualification Stage);
b) The final results of the bidding stage, duly disclosed by ICP-ANACOM pursuant to article 26 of the Auction Regulation, which included the identification of three bidders - Optimus - Comunicações, S.A., with nine lots allocated, TMN - Telecomunicações Móveis Nacionais, S.A., with nine lots allocated, and Vodafone Portugal - Comunicações Pessoais, S.A., with eleven lots allocated - and the determination of the final prices of each lot and the final amounts payable (see Part II. The Bidding Stage);
c) The selections made by Optimus - Comunicações, S.A., by TMN - Telecomunicações Móveis Nacionais, S.A. and by Vodafone Portugal - Comunicações Pessoais, S.A., as winning bidders, in respect of the lots allocated within categories B, C and G, duly validated by ICP-ANACOM, pursuant to paragraphs 4 and 5 of article 27 of the Auction Regulation (see Part III. Assignment stage);
d) The rules governing release of the guarantee deposit stipulated in the Auction Regulation, according to which the guarantee deposit is released by ICP-ANACOM where, upon conclusion of the bidding stage, the bidder has not been determined as a winning bidder (point b) of paragraph 4 of article 10), and whereas, following the ranking of the results of the bidding stage, ICP-ANACOM carried out careful analysis of the request put by ZON III - Comunicações Electrónicas, S.A. as to the procedure for returning the bank guarantee provided by this company (Annex 65), whereby it was concluded by decision of the Management Board of 15 December 2011, to release the guarantee deposit (Annex 66);
e) The positions stated by the bidders and the respective positions taken by ICP-ANACOM, as set out in the report of the prior hearing of the draft auction report, which forms an integral part of the present final report;
f) Compliance with all laws and regulations applicable to the auction process, which was performed without irregularity, as described in detail in the present report, and verification of the validity of the bids received and of the selections made by the bidders during the assignment stage;
the Management Board of ICP-ANACOM, pursuant to its powers and responsibilities, as set forth in point c) of paragraph 1 of article 6 of its Statutes, as in annex to Decree-Law no. 309/2001 of 7 December and pursuant to paragraph 9 of article 30 of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, as well as the 1st part of point c) of paragraph 2 of article 4 and paragraph 1 of article 29, all of the Auction Regulation, hereby determines:
1. To approve the final report of the auction.
2. To allocate to Optimus - Comunicações, S.A. the rights of use of frequencies in respect of the nine lots won by the company, as follows:
a) 2 x 10 MHz in the 800 MHz frequency band (790-862 MHz), for the final price of € 90,000,000.00 (ninety million euros), with assignment for said purpose of the 811-821 MHz / 852-862 MHz frequencies;
b) 2 x 14 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz), in the frequencies assigned under article 31 of the Auction Regulation, for the final price of € 11,000,000.00 (eleven million euros);
c) 2 x 20 MHz in the 2.6 GHz frequency band (2500-2690 MHz), for the final price of € 12,000,000.00 (twelve million euros), with assignment for said purpose of the 2530-2550 MHz / 2650-2670 MHz frequencies.
3. To allocate to TMN - Telecomunicações Móveis Nacionais, S.A. the rights of use of frequencies in respect of the nine lots won by the company, as follows:
a) 2 x 10 MHz in the 800 MHz frequency band (790-862 MHz), for the final price of € 90,000,000.00 (ninety million euros), with assignment for said purpose of the 791-801 MHz / 832-842 MHz frequencies;
b) 2 x 14 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz), in the frequencies assigned under article 31 of the Auction Regulation, for the final price of € 11,000,000.00 (eleven million euros);
c) 2 x 20 MHz in the 2.6 GHz frequency band (2500-2690 MHz), for the final price of € 12,000,000.00 (twelve million euros), with assignment for said purpose of the 2550-2570 MHz / 2670-2690 MHz frequencies.
4. To allocate to Vodafone Portugal - Comunicações Pessoais, S.A. the rights of use of frequencies in respect of the eleven lots won by the company, as follows:
a) 2 x 10 MHz in the 800 MHz frequency band (790-862 MHz), for the final price of € 90,000,000.00 (ninety million euros), with assignment for said purpose of the 801-811 MHz / 842-852 MHz frequencies;
b) 2 x 5 MHz in the 900 MHz frequency band (880-890 MHz / 925-935 MHz), for the final price of € 30,000,000.00 (thirty million euros), with assignment for said purpose of the 885-890 MHz / 930-935 MHz frequencies;
c) 2 x 14 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz), in the frequencies assigned under article 31 of the Auction Regulation, for the final price of € 11,000,000.00 (eleven million euros);
d) 2 x 20 MHz in the 2.6 GHz frequency band (2500-2690 MHz), for the final price of € 12,000,000.00 (twelve million euros), with assignment for said purpose of the 2510-2530 MHz / 2630-2650 MHz frequencies;
e) 25MHz in the 2.6 GHz frequency band (2500-2690 MHz), for the final price of € 3,000,000.00 (three million euros), in the 2570-2595 MHz frequencies.
5. To approve the final amounts payable by each of the winning bidders, as follows:
a) € 113,000,000.00 (one hundred and thirteen million euros) payable by Optimus - Comunicações, SA, without penalty applied under the provisions of paragraphs 5 of article 24 et seq. of the Auction Regulation;
b) € 113,000,000.00 (one hundred and thirteen million euros) payable by Telecomunicações Móveis Nacionais, S.A, without penalty applied under the provisions of paragraphs 5 of article 24 et seq. of the Auction Regulation;
c) € 146,000,000.00 (one hundred and forty-six million euros), payable by Vodafone Portugal - Comunicações Pessoais, S.A, without penalty applied under the provisions of paragraphs 5 of article 24 et seq. of the Auction Regulation.
Lisbon, 6 January 2012
