In accordance with paragraph 3 of article 34 of the Auction Regulation, holders of rights of use of frequencies in the 800 MHz band shall, within a period not exceeding 30 days following the provision of the list referred to in section II, make a selection of the parishes listed therein, given the number of lots held by each one and in accordance with the criteria referred to in paragraphs 2 and 3 of article 27, as applicable to category B.
Accordingly, the parishes are to be selected on the following basis:
a) Considering, on the one hand, the number of lots held by each holder (two lots) and, on the other hand, the total number of parishes identified by ICP-ANACOM in the list in Annex 2 (480 parishes), each holder is to choose 160 parishes (corresponding to the result of 2 LOTS X [480 PARISHES/6 LOTS]); and
b) Given the application of the criteria set out in paragraphs 2 and 3 of article 27 of the Auction Regulation to category B during the Auction's assignment phase, selection of the parishes is to be performed according to the final ranking which was so determined1, namely:
Order |
Title holder |
No. of parishes |
1st |
Vodafone |
160 |
2nd |
TMN |
160 |
3rd |
Optimus |
160 |
In this context and in order to initiate the selection procedure laid down in paragraph 3 of article 34 of the Auction Regulation, ICP-ANACOM shall, simultaneously with the adoption of the present decision and provision of the list in Annex 2, notify Vodafone that it shall make selection of 160 parishes within a period not exceeding 30 days. Following the selection made by Vodafone, ICP-ANACOM shall then notify TMN that, based on the same list, updated with the deletion of parishes as selected by Vodafone, it shall make its choice within an identical maximum period; finally, ICP-ANACOM will provide Optimus with a list of the remaining parishes.
Following selection of the parishes, as defined above, ICP-ANACOM shall then, pursuant to paragraph 4 of article 34 of the Auction Regulation, undertake implementation of the coverage obligations of each title holder, which obligations shall, on these terms, be made an integral part of the titles that govern the respective rights of use of frequencies.
1 By the determinations of ICP-ANACOM of 30 November 2011, according to the "Final Auction Report" (see pages 22 to 24), available at ANACOM approves final report of multiband auctionhttps://www.anacom.pt/render.jsp?contentId=1115319.