Draft
Right of use for frequencies
ANACOM NO --/2015
The Management Board of ANACOM, pursuant to its Decision of 10 November 2011 and to articles 15, 16, 16-A, 27, 30 and 32, all of Law No 5/2004, of 10 February, as amended and republished by Law No 51/2011, of 13 September, and subsequently amended (Electronic Communications Law), and under point q) of paragraph 1 of article 26 of its Statutes, approved by Decree-Law No 39/2015, of 16 March, hereby determines to issue this certificate, which is governed by the following clauses:
Part I
General part
1. Subject-Matter
1.1. This certificate defines the conditions that apply to the right of use for frequencies awarded to “Echostar Mobile Limited” (hereinafter referred as EML for short), with its seat in 25/28 North Wall Quay, Dublin1, Ireland, for the provision of 2 GHz Mobile Satellite Services (MSS), in sub-bands of the 1995-2010 MHz (earth to space) and 2185-2200 MHz (space to earth) frequencies, without prejudice to compliance with obligations identified in the scope of the Radio Regulations of the International Telecommunication Union (ITU) and in the National Frequency Allocation Table (NFAT).
1.2. The right of use covers the wholesale provision of the satellite component and of the complementary ground component (stations - hereinafter referred to as CGC).
2. Applicable Regime
2.1. The right of use for frequencies shall be governed by the following statutory instruments:
a) Decision 2007/98/EC of the European Commission, of 14 February 2007 (Decision No 2007/98/EC);
b) Decision No 626/2008/EC of the European Parliament and of the Council, of 30 June 2008 (Decision No 626/2008/EC);
c) Decision No 2009/449/EC of the European Commission, of 13 May 2009 (Decision No 2009/449/EC);
d) Decision No 2011/667/EU of the European Commission, of 10 October 2011 (Decision No 2011/667/EU);
e) Electronic Communications Law;
f) Decree-Law No. 151-A/2000, of 20 July, as amended and republished by Decree-Law No 264/2009, of 28 September, and subsequently amended by Laws No 20/2012, of 14 May and No 82-B/2014, of 31 December (Decree-Law No 151-A/2000);
g) Other legislation related to the electronic communications sector.
Part II
General Conditions
3. EML is subject to compliance with the following conditions provided for in points a), d), e), f), g), h), m), n), o), q), r), s) and t) of paragraph 1 of article 27 of the Electronic Communications Law:
a) Interoperability of services and interconnection of networks;
b) Maintenance of the integrity of public networks, namely through conditions to prevent electromagnetic interference between electronic communications networks and/or services, in accordance with Decree-Law No 325/2007, of 28 September, as amended by Decree-Law No 20/2009, of 19 January;
c) Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes, as well as terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities;
d) Security of public networks against unauthorised access according to legislation governing personal data and privacy protection in respect of electronic communications;
e) Environmental and town and country planning requirements, as well as requirements and conditions linked to the granting of access to public or private land and conditions linked to co-location and facility sharing, including, where applicable, any financial or technical guarantees necessary to ensure the proper execution of infrastructure works;
f) Personal data and privacy protection with specific respect to electronic communications, in accordance with legislation governing personal data and privacy protection;
g) Measures regarding the limitation of exposure of the general public to electromagnetic fields caused by electronic communications networks in accordance with applicable law;
h) Measures designed to ensure compliance with the standards and/or specifications referred to in article 29 of the Electronic Communications Law;
i) Installation, at the undertaking’s own expense, and provision of systems of legal interception to competent national authorities, as well as the supply of means of decryption or decoding where these facilities are present, in accordance with legislation governing personal data and privacy protection within the scope of electronic communications;
j) Restrictions on the transmission of illegal content, in accordance with Decree-Law No 7/2004, of 7 January, as amended by Decree-Law No 62/2009, of 10 March, and by Law No 46/2012,of 29 August, and the transmission of harmful content, in accordance with Law No 27/2007, of 30 July, as amended by Law No 8/2011, of 11 April, and by Law No 40/2014, of 9 July;
l) Financial contributions to the funding of the universal service in accordance with articles 95 to 97 of the Electronic Communications Law;
m) Payment of the following fees:
(i) The fee due for the exercise of the activity of electronic communications networks and services provider, pursuant to point b) of paragraph 1 of article 105 of the Electronic Communications Law and under the provisions laid down in Administrative Rule No 1473-B/2008, of 17 December, as amended and republished by Administrative Rule No 291-A/2011, of 4 November, and subsequently amended by Administrative Rules No 296-A/2013, of 2 October and No 378-D/2013, of 31 December (Administrative Rule No 1473-B/2008);
(ii) The fee due for the assignment of rights of use for frequencies, pursuant to point c) of paragraph 1 of article 105 of the Electronic Communications Law and under the provisions laid down in Administrative Rule No 1473-B/2008;
(iii) Fees due for the use of radio spectrum, pursuant to point f) of paragraph 1 of article 105 of the Electronic Communications Law and article 19 of Decree-Law No 151-A/2000, of 20 July, in the amount set out in Administrative Rule No 1473-B/2008.
n) Information to be provided under the notification procedure set out in article 21 and for the purposes set forth in article 109, both of the Electronic Communications Law.
Part III
Conditions associated to the right of use for frequencies
Chapter I
Conditions resulting from the Community selection procedure
4. Common conditions laid down in Decision No 626/2008/EC
Under Title III of Decision No 626/2008/EC, and further to the Community selection procedure, EML is subject to common conditions provided for in the following points, which for all purposes fall under points a), b), d) and g) of paragraph 1 of article 32 of the Electronic Communications Law.
4.1. As far as the MSS is concerned, EML is subject to compliance with the following conditions defined in paragraph 2 of article 7 of Decision No 626/2008/EC:
a) To use the assigned radio spectrum for the provision of MSS;
b) To meet milestones six to nine set out in the Annex to Decision No 626/2008/EC within 24 months of Decision No 2009/449/EC, of 13 May 2009 (13 May 2011);
c) To honour any commitments given in its applications or during the comparative selection procedure;
d) To provide to ANACOM an annual report detailing the status of development of its mobile satellite system, the first report being due within one year from the date of issue of this certificate.
4.2. As regards CGC, EML is subject to compliance with the following conditions defined in paragraph 3 of article 8 of Decision No 626/2008/EC:
a) To use the radio spectrum assigned for the provision of CGC of mobile satellite systems;
b) To use CGC so that they constitute an integral part of a mobile satellite system, are controlled by the resource management mechanism and the satellite communications network mechanism, use the same direction of transmission and the same portions of frequency bands as the associated satellite components and do not increase the spectrum requirement of the associated mobile satellite system;
c) Independent CGC operation in case of failure of the satellite component of the associated mobile satellite system must not exceed 18 months.
4.3. As regards the period of validity:
The right of use is assigned for a period of eighteen years from the publication of Decision No 2009/449/EC, of 13 May 2009, expiring on 14 May 2027.
Chapter II
Conditions resulting from the Electronic Communications Law
5. Services and systems
For the purpose of point a) of paragraph 1 of article 32 of the Electronic Communications Law, the right of use for the following frequencies:
- 1995 to 2010 MHz for earth to space communications or communications between terminal equipment and complementary ground components (CGC), and
- 2185 to 2200 MHz for space to earth communications or communications between CGC and terminal equipment (space to earth),
on national territory, is assigned for the wholesale provision of mobile satellite services by systems capable of providing radio services (i) between a mobile earth station and one or more space stations, (ii) between mobile earth stations through one or more space stations or (iii) between a mobile earth station and one or more CGC used at fixed locations.
6. Effective and efficient use
In accordance with point b) of paragraph 1 of article 32 of the Electronic Communications Law, EML must ensure an effective and efficient use of assigned frequencies, in compliance with article 15 of the same Law, subject to the specific conditions of use of frequencies set out in the radio network license to be issued pursuant to Decree-Law No 151-A/2000.
7. International agreements
Under point h) of paragraph 1 of article 32 of the Electronic Communications Law, EML must fulfil its obligations arising from international agreements relating to the use of frequencies, namely those associated to the coordination of the use of frequencies in border areas.
Lisbon, 12 June 2015.
