Therefore, in the light of the above, the Management Board of ANACOM, in the scope of assignments provided for in article 8, paragraph 1 e) and h) of its Statutes approved by Decree-Law No 39/2015, of 16 March, in pursuing regulatory objectives provided for in article 5, paragraph 1 c) of ECL, and pursuant to articles 8, 16, 20, 30 and 32, paragraph 1 a) and b), all of ECL, and under points 3.3. and 4. of its determination of 16 May 2013, 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 provision of the digital terrestrial television broadcasting service, associated to Multiplexer A (Mux A), intended for the broadcast of free-to-air television programme services, according to assignments/areas described in annex 1 hereto, the following frequencies:
a) Channel 40 (622-630 MHz);
b) Channel 45 (662-670 MHz);
c) Channel 47 (678-686 MHz);
d) Channel 48 (686-694 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. RUF ICP-ANACOM No 6/2008 shall be subject to the following conditions which are deemed to be an integral part thereof:
2.1. MEO is subject in the Mainland to meet obligations of terrestrial population coverage, per municipality, as set out in the table in annex 2 hereto;
2.2. MEO is required to ensure a degree of availability of the service at reception level by 99% of the time, being applied Rec. ITU-R BT.1735-3 and future reviews thereof for the assessment of the quality of reception, and it is considered that, where a probe signals, for a given installation location, values for the Modulation Error Ratio (MER) values that are lower than the signal-noise relation defined for the adopted network setting (19.5 dB for a Rice channel), or a quality level lower than Q3, for longer than 3.65 days (87h and 36s) consecutively or with intervals, in the course of a one-year period, such location will be deemed not to have DTT coverage;
2.3. Where the means for assessing the levels of quality of service show that the coverage of population has not been ensured at percentages defined under the preceding paragraphs, without prejudice to a possible procedure for administrative offences, ANACOM shall notify MEO of this fact, and this company has up to 20 working days to report to this Authority the solution to be implemented and also a proposal for provision of appropriate information to potentially affected final users, as well as the period of time deemed to be required for putting both steps in place, which may be altered by ANACOM, if deemed to be excessive.
2.4. MEO is required to implement the solution communicated under the preceding paragraph within the time limit set by ANACOM.
2.5. In compliance with ANACOM’s determination of 16 May 2013, the solution to be implemented by MEO, under the preceding paragraphs, shall only and necessarily consist in reinforcing the SFN network coverage or in anticipating migration to the MFN network, being incumbent on MEO to ensure levels of terrestrial coverage set out in annex 2 hereto.
2.6. In the context of the solution to be implemented under the preceding paragraphs, MEO is required to update information at the DTT website (http://tdt.telecom.pthttps://tdt.telecom.pt/), keeping it updated, 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 ANACOM, covering any additional burdens that may arise, namely the redirection of reception antennas, tuning of the DTT receiver and/or replacement/tuning of the amplifier.
2.7. To order MEO to put in place, within 10 working days, the plan for information to users that clarifies the areas/locations for which, since 2012, the information on the type of available coverage, from DTT to DTH, has changed, and specifies that MEO is responsible, under ANACOM’s Determination of 7.4.2011, for costs incurred or that may yet be incurred in, due to this change of information, which must include:
a) the provision, in the DTT website (http://tdt.telecom.pt https://tdt.telecom.pt/) of a structured file according to district/municipality/parish/location, with the record of coverage changes from DTT to DTH, including the date on which coverage information was changed (from DTT to DTH);
b) the delivery of a postal or electronic communication to all Juntas de Freguesia (local councils) with authority on a location, or part of locations, concerned by a change of information as regards the type of available coverage, from DTT to DTH.
3. To amend the National Frequency Allocation Plan (NFAP) according to point 1.1.
4. 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.
5. The decision in point 1 takes effect on the date of expiry of the validity of the temporary network license allocated to MEO by determination of 11 September 2014 and renewed by determination of 13 March 2015.
