Regulation No. 560-A/2011, of 19 October (Auction Regulation for allocation of rights of use for frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, hereinafter the «Auction Regulation»), imposed under paragraph 2b) of article 33 and article 34, pursuant to paragraph 1 of article 32 of Law No. 5/2004, of 10 February (hereinafter, the «Electronic Communications Law»), a coverage obligation as condition associated to rights of use for frequencies to be allocated in the 800 MHz frequency band.
In this scope, under paragraph 1 of article 34 of the Auction Regulation, each lot of 2x5 MHz in the 800 MHz frequency band has an associated obligation to provide coverage to, at a maximum, 80 parishes as tend to lack mobile broadband coverage.
As a result of the auction, each of the companies MEO - Serviços de Comunicações e Multimédia, S.A. (hereinafter, «MEO»), NOS - Comunicações, S.A. (hereinafter, «NOS»), and Vodafone Portugal - Comunicações Pessoais S.A. (hereinafter, «VODAFONE»), as holders of rights of use for frequencies over 2x10 MHz in the 800 MHz frequency band, was required to ensure coverage of a set of up to 160 parishes as tend to lack mobile broadband coverage, as provided for in the respective titles of rights of use for frequencies1.
The specification of these coverage obligations required, in a first phase, the definition of the respective geographic scope, through the choice of 160 parishes by each title holder, on the basis of a list of 480 parishes as tend to lack mobile broadband coverage, previously made available by ANACOM, under paragraphs 2 and 3 of article 34 of the Auction Regulation.
This list was provided by ANACOM further to determination of 09.11.20122, having this Authority decided, by determination of 22.08.20133, to integrate these coverage obligations in titles that identify rights of use for frequencies held by each operator.
In a second phase of the specification of these coverage obligations, it is now important to define the data transmission speed which the mobile broadband service must allow (hereinafter the «reference speed»), under paragraphs 5 to 7 of article 34 of the Auction Regulation. In this scope, ANACOM, by determination of 21.03.20144, defined the methodology for establishing the reference speed associated to coverage obligations, under paragraph 6 of article 34 of the Auction Regulation, and for reviewing it, under paragraph 7 of the same article.
In this context, the reference speed for each company must be determined, in compliance with ANACOM’s determination of 21.03.2014. For this purpose, a draft decision (DD) was approved on 28.05.2015, which was submitted to the prior hearing of stakeholders, under articles 100 and 101 of the Administrative Procedure Code (approved by Decree-Law No. 442/91, of 15 November, applicable by virtue of article 8 of Decree-Law No. 4/2015, of 7 January, which approved the new Administrative Procedure Code), and to the general consultation procedure, under articles 8 and 20, paragraph 3, of the Electronic Communications Law (ECL). Stakeholders were granted a 20-working-day time limit to assess both situations in writing, if they so wished. Further to a request submitted by one of the stakeholders, the initial time limit was extended for an additional period of five working days.
In the scope of the public consultation and the prior hearing of stakeholders, timely contributions were received from the following companies: MEO, NOS and VODAFONE.
The corresponding prior hearing and consultation report was drawn up, which is an integral part of this decision and includes a summary of positions taken, as well as ANACOM’s views thereon.
1 Vide titles of rights of use for frequencies for terrestrial electronic communications services No. 01/2012 (point 18), 02/2012 (point 18) and 03/2012 (point 19), all issued on 9 march 2012, available at Serviço de comunicações eletrónicas terrestreshttps://www.anacom.pt/render.jsp?categoryId=345109.
2 Available at List of parishes as tend to lack mobile broadband coverage - Final Decisionhttps://www.anacom.pt/render.jsp?contentId=1143334.
3 Available at Decision to implement the geographical component of coverage obligations in the 800 MHz frequency bandhttps://www.anacom.pt/render.jsp?contentId=1172487.
4 Available at Methodology for establishing and reviewing reference speeds associated with coverage obligations in the 800 MHz band - final decisionhttps://www.anacom.pt/render.jsp?contentId=1195497.
