It is recalled that under the terms set out in the determination of 3 February 2012, ICP-ANACOM made clear that, by adopting the same conceptual line as regards the rights of use of frequencies granted in the 1800 MHz band, as set forth with regard to the remaining rights of use, this Authority would issue such rights of use by incorporating them into the unified titles. Specifically, this will entail the addition of a chapter in Section III with specific conditions associated with said rights of use.
Since such addendum does not bring about any substantive change in the conditions submitted to public consultation by the decision of 3 February 2012, ICP-ANACOM considered that it unnecessary to subject it to the general consultation procedure, submitting it only to the prior hearing of interested parties in accordance with Article 100 et seq. of the CPA.
Nevertheless, upon conclusion of the public consultation and prior hearing on the unified titles (governing rights of use allocated in the remaining bands pursuant to the auction and the rights of use of frequencies granted prior to the auction) and following analysis of the comments submitted, ICP-ANACOM concludes, as detailed and reasoned in the respective report, that, besides the consideration that the decision at hand is a decision deemed favourable to the interested parties, said parties have already had occasion to comment on the procedure with regard to all the issues that have bearing on the decision.
ICP-ANACOM, therefore, considers that point a) and also point b), both of paragraph 2 of article 103 of the CPA, are fully applicable; as such this Authority is of the view that it is fitting to waive the prior hearing requirement regarding this specific decision as to the incorporation and implementation of conditions applicable to the rights of use of 1800 MHz in the unified title.
