5. Decision


Therefore, in accordance with articles 15, 16-A, 20, 27, and 32, all of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, and in accordance with articles 32 et seq. of Regulation no. 560-A/2011 of 19 October, and also pursuant to point I) of article 26 of ICP-ANACOM's Statutes, as approved in annex to Decree-Law no. 309/2001 of 7 December, the Management Board of ICP-ANACOM determines to approve the following decision:

1. To issue the unified titles, setting out the conditions applicable to the rights of use of frequencies allocated to Optimus, TMN and Vodafone for the provision of publicly available terrestrial electronic communications services, subsequent to the auction, which are copied in annex hereto, forming an integral of the present determination.

2. To approve the "Report of the consultation procedures on the decision on the unified titles of rights of use of frequencies for electronic communications services", which constitutes an integral part of the present decision.

3. To waive the requirement to conduct a prior hearing of Optimus, TMN and Vodafone under the terms of paragraph 2 of article 103 of the Código do Procedimento Administrativo (Administrative Proceeding Code), as regards the approval of the respective conditions associated with the rights of use of frequencies of the 1800 MHz band .

4. To maintain application, pending approval of the separate decision on the provision of information referred to in the titles in annex hereto, of the obligation by which holders of rights of use of frequencies are bound to send such information as is specified in ICP-ANACOM determination of 17 November 2011 on "Questionnaires on information related to the coverage, quality of service and means of implementing site sharing, to be sent to ICP-ANACOM by companies providing the land mobile service (GSM/UMTS) / Annual declaration to be presented by TMN - Telecomunicações Móveis Nacionais, S.A. and Vodafone - Comunicações Pessoais, S.A on total coverage provided in the provision of voice and data services up to 9600 bps, per location with over 10,000 inhabitants and by municipality ".

5. To amend the current National Table of Frequency Allocations (NTFA) to reflect the determination accordingly.

6. To determine that said unification of titles is without prejudice to any breach procedure arising as a result of any failure to comply with the obligations set forth in the unified titles in force.

Lisbon, 9 March 2012