1. Background and developments occurred

Further to and in the context of ANACOM’s determination of 16 May 2013¹, which defined the model for the evolution of the digital terrestrial television (DTT) network², associated to Multiplexer A (Mux A), this Authority approved, by determination of 4 July 2014³, a draft decision on the definition of terrestrial coverage obligations to be included in the Right of Use for Frequencies (RUF) ICP-ANACOM No 06/2008 allocated to MEO - Serviços de Comunicações e Multimédia, S.A (previously PT Comunicações, S.A., hereinafter MEO), having decided as follows:

1. To amend RUF ICP - ANACOM No 06/2007 allocated to PTC, as follows:

1.1 In the Mainland, PTC must comply with DTT broadcasting coverage obligations, per municipality, set out in the table in annex to this determination.

1.2 Statistical margins of error associated to coverage obligations per municipality, set out under the preceding paragraph, are as follows:

a) Where CovPop²⁰ ≥ 100.000: Sme²¹= 500 persons²²;
b) Where 100.000 > CovPop ≥ 100.000: Sme=0.5%;
c) Where CovPop < 10.000: Sme = 50 persons, to a maximum of 4%.

1.3 PTC must ensure a degree of availability of the service at reception level by 99%; in the months between June and September, a given location in  the national territory shall be deemed not to have terrestrial coverage where it does not show signal-noise and signal-interference values required for access to the service for longer than 100 minutes, consecutive or with intervals, during any consecutive 7 days; in the months between October and May, a given location in  the national territory shall be deemed not to have terrestrial coverage where it does not show signal-noise and signal-interference values required for access to the service for longer than 30 minutes, consecutive or with intervals, during any consecutive 2 days.

1.4 Where the means for assessing levels of quality of service show that, taking into account the respective statistical margin of error, the coverage of population has not been ensured at the percentages defined in the annex to the determination, without prejudice to a possible procedure for administrative offences, ICP - ANACOM shall notify PTC of this fact, and this company has up to 10 working days to report to this Authority the solution to be implemented and also a proposal for provision of appropriate information to affected final users, as well as the period of time deemed to be required for putting these steps in place, which may be altered by ANACOM, if deemed to be excessive.

1.5 PTC is required to implement the solution communicated under the preceding paragraph within the time limit set by ICP - ANACOM.

1.6 In compliance with ICP - ANACOM determination of 16 May 2013, the solution to be implemented by PTC, under the preceding paragraphs, shall consist solely and necessarily in reinforcing the SFN network coverage or in anticipating migration to the MFN network, being incumbent on PTC to ensure levels of terrestrial coverage set out in the annex to this determination.

1.7 In the context of the solution to be implemented, under the preceding paragraphs, PTC is required to update information at the DTT website (http://tdt.telecom.pthttps://tdt.telecom.pt/), as regards the indication of the best-server transmitter, as well as to ensure the provision of information to all affected final users, according to the communicated proposal and subject to validation from ICP - ANACOM, any additional burdens that may arise, namely the redirection of reception antennas, being fully covered by PTC.

2. To reissue RUF ICP - ANACOM No 06/2008, incorporating in the respective qualifying document the preceding paragraphs, as well as amendments previously set out in endorsement No 1 to the referred RUF, in determinations amending the operating channels of Mux A, as well as in determination of 16 May 2013.

It was also decided to submit determination in point 1. to the prior hearing of MEO, under articles 100 and 101 of the former Code of Administrative Procedure, for a period of 20 working days from the date of notification of the draft decision, for written comments on the matter by MEO, and also to the general consultation procedure, provided for in article 8 of the Electronic Communications Law (ECL)⁴, by reference in article 20, paragraph 3, of the same Law, also for written comments on the matter by interested parties, for the same period of time, in this case from the date on which the draft decision was made available at ANACOM’s website.

Having been notified for the purpose, MEO assessed the subject within the time limit, by sending mail and email received at ANACOM on 05.08.2014.

By expiry of the period set out for comments to be provided (07.08.2014), the following contributions were received: 

- Associação Portuguesa para a Defesa do Consumidor (DECO) - the Portuguese Association for Consumer Protection;
- DTT blog in Portugal (DTT Blog);
- Ricardo Jorge;
- RTP, Rádio e Televisão de Portugal, SA (RTP);
- SIC, Sociedade Independente de Comunicações, S.A. (SIC); 
- TVI, Televisão Independente, S.A. (TVI).

A summary of contributions received and this Authority’s views thereon have been included in the “Report of the prior hearing and consultation on the draft decision on terrestrial coverage obligations to be included in the DTT RUF (MUX A)”, which is deemed to be an integral part of this decision, available at www.anacom.pthttps://tdt.telecom.pt/.

By letter dated 24 July 2014, ANACOM informed MEO of the results of a probe system monitoring action, through which it was found that in the week from 14 to 20 July 2014, the network showed a marked instability, having ordered the company to indicate the steps it would take to promptly and definitively remedy the instability verified in the network.

By letter of 31 July 2014, MEO requested the temporary licensing of four radio channels, undertaking to request also the final integration thereof in the RUF it holds.

Further to this request, and by determination of 11 September 2014¹, ANACOM decided as follows:

1. To grant PTC a temporary network license, for a period of 180 days, consisting of 4 stations, to be implemented within at the most 5 working days from the date of notification of this determination, as follows:

a) Mendro transmitter: channel 40 (622-630 MHz);
b) Palmela transmitter: channel 45 (662-670 MHz);
c) São Mamede transmitter: channel 47 (678-686 MHz);
d) Marofa transmitter: channel 48 (686-694 MHz).

2. To determine that the maximum effective radiated power (e.r.p.) of each station referred to in the preceding paragraph shall be limited to 10 kW. As regards the São Mamede transmitter, the maximum e.r.p. shall be 100 W in the 20º-110º sector.

3. To order PTC to submit to ICP - ANACOM, within 10 working days, the following elements for each station:

a) antenna height;
b) antenna radiation pattern;
c) e.r.p. to be used.

4. To order PTC to put in place, by no later than the date of effective implementation by PTC of the network referred in paragraph 1, the appropriate procedures intended to reimburse costs incurred by users due to the adjustment to the network now licensed, on the basis of means identified in point III.2, and to subsequently report steps taken to ICP-ANACOM.

5. To order PTC to put in place, by no later than the date of effective implementation by PTC of the network referred in paragraph 1, the plan for communication to DTT users covered by new transmitters, disclosing the information required by the entry into operation of the network now licensed, including the responsibility for adjustment costs which may be incurred in, which shall be notified to ICP - ANACOM.

6. To order PTC to present, within 10 working days, a plan for the installation of main transmitters required to address problems encountered in areas not covered by the current MFN network or by the 4 transmitters now temporarily licensed.

It was also decided to submit the determination in point 6. to the prior hearing of MEO, under articles 100 and 101 of the former Administrative Procedure Code, for a period of 10 working days from the date of notification of the determination, for written comments from the company. This matter was decided in a separate procedure, on the date of this decision.

As already resulted from the commitment undertaken by MEO in the scope of the above-mentioned application for temporary network licensing and further to the allocation of the respective license², concerning the four radio channels - Mendro (channel 40), Palmela (channel 45), São Mamede (channel 47) and Marofa (channel 48) - this company, by letter of 30.10.2014, requested ANACOM to launch procedures designed to include the referred channels in the RUF.

By letter of 13.02.2015, MEO questioned ANACOM on the state of the process for integration of the 4 radio channels concerned in the RUF, reiterating its request for their final inclusion in the RUF.

Taking into consideration the legal-regulatory framework under which MEO was allocated the temporary license, that is, under point 4. of the determination of 16.05.2013, ANACOM considered that the process for final integration of radio channels in the RUF, which involves the alteration of this right under article 20 of ECL, should not be regarded separately from the present process of definition of terrestrial coverage obligations, the draft decision (DD) of which had been approved on 4 July 2014, that is, prior to the beginning of the temporary use of frequencies. This view was transparently and promptly notified to MEO - the company was informed in advance, by letter of 4 March 2015.

As such, and taking into account that a final decision on terrestrial coverage obligations would not be taken before the date of expiry of the allocated temporary license and given that assumptions on which such allocation was based remain pertinent, this Authority considered that there were grounds to renew it, such renewal having occurred through determination of 13 March 2015³, as follows:

1. To renew the temporary network license granted to MEO, in compliance with and under the conditions laid down in ICP - ANACOM’s determination of 11 September 2014, for a period of 180 days, to take effect as from 15 March 2015.

2. To order MEO to provide for the reimbursement of costs borne by end users with DTH coverage that have requested or will request the services of an installer, further to the reception of the letter sent in the scope of MEO’s communication plan.

It was also decided to submit determination in point 2 to the prior hearing of MEO, under articles 100 and 101 of the Administrative Procedure Code, for a period of 10 working days from the date of notification of the determination, for written comments from the company. The issue was decided by determination of 16 July 2015⁴, having MEO been ordered to provide for the reimbursement of travel costs of an installer borne by end users with DTH coverage that requested or request in the future such displacement, further to the reception of the letter sent in the scope of MEO's communication plan, insofar as such reimbursement is applied for until 31.10.2015.

Further to the allocation to MEO, on 11 September 2014, of the temporary network license and taking into account that:

(i) Under the RUF, MEO must supply ANACOM with information that is requested in the scope of paragraph 1 of article 108 of ECL, for the purposes provided for in article 109 of that Law; and
 
(ii) Determination of 13 May 2013 lays down that information on coverage, specified in point 3.A thereof, must be updated before this Authority whenever changes in the network’s geographical coverage occur, namely further to the installation of new stations;

ANACOM ordered MEO, by letter dated 18.12.2014¹, to provide up-to-date information, which would be assessed by this Authority and would become an integral part of RUF ICP-ANACOM No 6/2008, with any amendments that could be determined, binding MEO to minimum values established as from that date, as provided for in decision of 16 May 2013.

By letter of 06.01.2015, and seeking to comply with ANACOM’ request, MEO submitted a geo-referenced image, indicating areas with coverage estimates for the 4 new MFN transmitters, which overlapped with channel 56.

Bearing in mind the provision in point 3.A of the decision of 16 May 2013 and that, since the last information update provided by MEO ² four new stations had been installed and licensed (Gerês, Moledo and Covas in channel 56 and Boa Viagem in channel 46), ANACOM took the view that the reply submitted by MEO had not met its request. As such, it again requested MEO, by letter of 14.01.2015³, to update with this Authority the information specified in point 3.A of ANACOM’s decision of 16 May 2013.

MEO replied by letter of 21 January 2015, updating with this Authority the requested information, namely percentage estimates of population covered by DTT and by DTH at parish level, as well as the electronic file with identification of DTT and DTH geographic coverage as provided at the time.

In compliance with the decision of 16 May 2013, MEO submitted to ANACOM quarterly reports on optimization of SFN network for the 1st and 2nd quarters of 2015, having been found that for some locations or part of locations a change in the information on the type of available coverage had been registered, both from DTT to DTH and also from DTH to DTT.

Notwithstanding the optimization reports, MEO failed to update with ANACOM the coverage information concerning population covered by DTT or DTH at parish level, as well as to submit the associated updated shapefile.

Taking into account that it was not ANACOM’s intention to impose new burdens on MEO as far as coverage is concerned, this Authority deemed that it was imperative for the conclusion of this procedure that MEO updated the coverage information for the referred parishes, and in this context, it carried out the respective additional measure.

As such, by letter of 3 September 2015¹, ANACOM, in the light of article 104 of the former Administrative Procedure Code², ordered MEO to update the coverage information specified in point 3.A of the determination of 16 May 2013, within 5 working days, so as to reflect in the information to be submitted the coverage changes occurred in the meantime.

Notified for the purpose, MEO submitted the requested information, in due time, by letter received by ANACOM on 10 September 2015³.