Therefore, in the light of the above, the Management Board of ICP-ANACOM, in the scope of assignments provided for in article 6, paragraph 1 c) and h) of its Statutes, published in annex to Decree-Law No 309/2001, of 7 December, in pursuing regulatory objectives provided for in article 5, paragraph 1 c) and paragraph 4 d) of ECL, and pursuant to articles 15, 16, 20, 30, 108 and 109, paragraph 1 b), of ECL, as well as article 4 of Decree-Law No 151-A/2000, of 20 July, as amended by Decree-Law No 264/2009, of 28 September, hereby determines:
1. To amend RUF ICP-ANACOM No 6/2008, allocated to PTC, as follows:
1.1. To integrate in the right of use for frequencies, of a national scope, for the digital terrestrial television broadcasting service, connected to Multiplexer A (Mux A), intended for the broadcast of free-to-air television programme services, according to assignments/areas described in annex 2 hereto:
a) Channel 42 (638-646 MHz);
b) Channel 46 (670-678 MHz);
c) Channel 49 (694-702 MHz);
1.2. To submit the use of frequencies referred to in the preceding number to conditions defined in RUF ICP-ANACOM No 6/2008.
2. To maintain the use of channel 56 (750-758 MHz) in the Mainland, in the right of use for frequencies, of a national scope, for the digital terrestrial television broadcasting service, connected to Multiplexer A (Mux A), according to ICP-ANACOM determination of 4 April 2011.
3. The provisions in the preceding points are subject to the following conditions which are deemed to be an integral part of RUF ICP-ANACOM No 6/2008:
3.1. Following any harmonisation at international or Community level or when a higher degree of security exists as to the need of implementation of the digital dividend 2 and respective conditions, and according to an autonomous decision on the part of ICP-ANACOM, including the development schedule and plan that are established and published further to a proposal by the network operator, PTC must:
a) Carry on with the installation of the MFN network (SFN/MFN), using frequencies provided for assignments/areas in annex 1 hereto;
b) Return channel 56 (750-758 MHz) to ICP-ANACOM, after an appropriate simulcast period to be defined.
3.2. PTC must submit to ICP-ANACOM the information detailed in points 3.A and B. hereof within 30 days.
3.3. Further to an evaluation by ICP-ANACOM, the minimum values resulting from information provided pursuant to point 3.A. become an integral part of RUF ICP-ANACOM No 6/2008, with any amendments that may be determined, binding the operator thereto as from that date.
4. The installation of ''main'' transmitters on assignments in the map in annex 1 must be shortened relatively to that required under the preceding point 3.1., any costs arising therefrom being borne by PTC, in case the operating network fails, or is expected to fail, to present the necessary stability to provide the service with the levels of quality determined in Recommendation ITU-R BT.1735-1 and future revision.
5. To amend the National Frequency Allocation Plan (NFAP) according to the preceding point 1.1, providing for the reservation of remaining frequencies identified in annex 1 hereto, with full access of the RUF holder to the digital terrestrial television broadcasting service, connected to the Multiplexer A, intended for the broadcast of free-to-air television programme services.
6. This decision takes effect on the date of expiry of the validity of the temporary network license allocated to PTC by determination of 18 May 2012 and renewed by determination of 16 November 2012.
Lisbon, 16 May 2013
