2. Developments occurred

Further to ICP - ANACOM’s decision of 11 September 2014, MEO installed the four stations concerned, having observed the technical characteristics defined therein.

Moreover, in compliance with the same decision, MEO, by letter dated 22 September 2014, informed ICP - ANACOM of the communication plan and reimbursement procedure of costs incurred by users that had been adopted, which were adapted in accordance with ANACOM’s instructions in the scope of various correspondence exchanged¹, and subsequently concluded to be in line with this Authority’s determination, except as regards the procedure concerning communications to final users.

In fact, on 4.11.2014², ICP - ANACOM requested, among other documents, “minutes of letters addressed (...) to residents covered by new transmitters, on the basis of the extraction of seven-digit postal codes, with details of persons and addresses to whom such minutes were sent”.

In its reply³, specifically as regards the disclosure to residents covered by new transmitters, MEO informed that the disclosure would be carried out “in a non-addressed manner, that is, it would not be addressed to each specific person/address, the distribution covering all residences on the basis of the CP7 list (...)”.

Having this Authority found that letters would be sent to postal codes with no DTT coverage, it informed MEO⁴ that it deemed (...) imperative that letters (were) sent only to postal codes with terrestrial coverage”.

MEO provided some clarifications in its reply, dated 19 December 2014⁵, having referred that it had “opted for sending the communication to users of all CP7 registered in those parishes”. It further informed that “due account was taken of all this situation in the text of communications that were sent, which explicitly refers: “Start be checking whether your residence is in a terrestrial DTT coverage area”, that is, users in a DHT-coverage area will understand that the communication will not bring about any changes in its DTT reception.” Later, and further to ICP - ANACOM’s request, it was verified that communications were sent before MEO received ICP - ANACOM’s letter of 9 December.

In parallel, and as a result of the commitment undertaken by MEO in the context of the temporary network license, the company, by letter of 30 October 2014, requested ICP - ANACOM to initiate procedures required to include radio channels concerned in the right of use for frequencies ICP - ANACOM No. 6/2008 (RUF).

This Authority subsequently determined, by letter of 18 December 2014, that MEO provided up-to-date coverage-related information, as set out in point 3.A of determination of 16 May 2013, informing that when this information was received it would be assessed and become an integral part of the RUF, including any amendments that could be imposed, binding MEO to values concerned as from that date, as laid down in decision of 16 May 2013.

By letter of 25 January 2015, MEO provided this Authority with the requested up-to-date information, namely estimates of the population covered via DTT and via DTH at parish level, as well as the electronic file with the identification of the DTT and DTH geographical coverage as currently provided.

By letter of 13 February 2015⁶, and taking into consideration that the temporary license was valid only up to 14 March 2015, MEO requested information from ICP - ANACOM on the state of the process of integration in the RUF of its 4 radio channels and reinforced its request for the final inclusion of the referred channels in the RUF.