Regulation no. 560-A/2011 of 19 October (Regulation of the Auction for the 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 "Auction Regulation") stipulates, pursuant to paragraph 1 of article 34. thereof, that each 2 x 5 MHz lot in the 800 MHz frequency band shall be subject to a coverage obligation associated with a maximum of 80 parishes as tend to lack mobile broadband coverage1.
The auction resulted in the assignment of all available lots in the 800 MHz band, as follows2:
a) Two 2 x 5 MHz lots to Optimus - Comunicações, S.A. (hereinafter, "Optimus");
b) Two 2 x 5 MHz lots to TMN - Telecomunicações Móveis Nacionais, S.A. (hereinafter, "TMN"); and
c) Two 2 x 5 MHz lots to Vodafone Portugal - Comunicações Pessoais, S.A. (hereinafter, "Vodafone").
In this context, and under the provisions of paragraph 1 of article 34 of the Auction Regulation, each of these companies was required to ensure coverage encompassing a set of up to 160 parishes (corresponding to the result of 80 PARISHES X 2 LOTS), as would be established in the respective titles of rights of use of frequencies3.
According to paragraph 2 of article 34 of the Auction Regulation, it is incumbent upon ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), within a period not exceeding 5 months subsequent to the issue of the respective titles, to make available a list of no more than 480 parishes as tend to lack mobile broadband coverage, so that the above operators are able to select, in accordance with paragraph 3 of the same article, those parishes as will be associated with the coverage obligations set out in the respective titles.
1 The term "as tend to lack mobile broadband coverage" covers cases in which a given parish has no mobile broadband coverage or has a very low level of coverage, in line with the clarification which, with regard to this same provision, was issued in the report on the public consultation on the new draft regulation governing the auction for the allocation of rights of use of frequencies in the 450, 800, 900, 1800 MHz and 2.1 GHz and 2.6 GHz bands (see pages 167 and 168), available at Relatório - Projecto de Regulamento para a atribuição de direitos de utilização de frequências nas faixas dos 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2,1 GHz e 2,6 GHz (rectificado em 3.11.2011)https://www.anacom.pt/render.jsp?categoryId=343181.
2 In accordance with ICP-ANACOM determination of 6 January 2012, available at ANACOM approves final report of multiband auctionhttps://www.anacom.pt/render.jsp?contentId=1115319.
3 See titles of rights of use of frequencies for terrestrial electronic communication services nos. 01/2012 (point 18), 02/2012 (point 18) and 03/2012 (point 19), all issued on 9 March 2012, available at Serviço de comunicações eletrónicas terrestreshttps://www.anacom.pt/render.jsp?categoryId=345109.
