By communications received on 17 November 2014, 26 November 2014 and 2 March 2015, NOS, MEO and VODAFONE applied to ANACOM, under article 33 of the Electronic Communications Law, for the renewal for a 15-year-period, of rights of use for frequencies allocated in the 1920-1980 MHz / 2110-2170 MHz sub-band, as set out in titles ICP-ANACOM No. 01/2012, ICP-ANACOM No. 02/2012 and ICP-ANACOM No. 03/2012.
1.1. In its application, NOS refers that it intends to continue to operate part of its offer in the referred frequencies, with a view to provide services that fully exploit the potential of technologies available at any given time, in compliance with the legal and regulatory framework in force.
1.2. MEO not only requests that its right of use for frequencies reflects principles of technology and service neutrality, but also refers that such right supports the operation of UMTS systems that allow the provision of voice and data electronic communications services to its customers living in areas covered by the referred systems, and that the company requires the renewal of its right of use for frequencies to ensure continuity of the service that has been provided to its customers.
1.3. In support of its request, VODAFONE mentions in summary the following:
- Frequencies under consideration have been used for the provision of electronic communications services by the company, with high levels of quality, permanent innovation, efficiency and competitiveness, covering 99% of the population;
- The company uses the whole of frequencies in the 2100 MHz band, covering 2.1 million customers, who hold equipment using this technology. These frequencies are also used for its “small cells” product, complement the operation of frequencies assigned in other bands and are expected to be used for LTE purposes;
- The company is firmly committed to continue to use frequencies efficiently, so that customers are provided with quality and innovative electronic communications services that generate good levels of customer satisfaction;
- The company plays a relevant role in guaranteeing a competitive electronic communications sector, not only because it acts as market driver and as a catalyst for affordable prices to consumers, but also on account of its material and efficient contribution for innovation and improvement of electronic communications services provided in Portugal;
- The renewal of rights of use of these frequencies is not only essential, given the business nature and requirements of the company, but it is also in the public interest, given that:
- It will allow the State to guarantee the continuity of an effective and efficient use of spectrum, in the light of the several million active mobile services of the company; also, the company generates relevant public revenue and contributes to the creation of several thousands of direct and indirect jobs;
- It provides the Portuguese population with services that use innovative and internationally acknowledged technology, being stressed that the company received the FTTH Operator Award for excellence and volume of investments in the implementation of high quality fibre networks In Portugal, Spain and Italy;
- It will bring about the creation and export of know-how and intellectual property developed in Portugal, having the company established centres of excellence in Portugal and recently patented a pioneer TV service - «Live on TV»;
- It will channel foreign investment into Portugal, the company having been one of the main promoters of investment of digital infrastructure in Portugal, with an investment in the last five years of several hundred million Euros in networks and services, and in the most recent project of the Vodafone Group, this was one of the operations selected for an investment of several hundred million Euros in its communications network;
- It will guarantee the existence of competition and of more competitive prices in numerous electronic communications markets that traditionally have been less competitive, in particular due to its continuous investment in the FTTH network.
The company concludes that there are no facts that could determine the rejection of its application, as in its opinion it holds the technical and financial ability to continue to ensure an essential public service of vital importance for the country, given that it has complied in conscientious, expeditious and efficient manner with its obligations as holder of rights of use for frequencies, and that its thriving market performance suggests the relevance and guaranteed success of its commitments, and well as its endeavour to maintain and/or increase its range of subscribers.
VODAFONE thus considers that the best interests of users of electronic communications services, especially of mobile services, the need to ensure and promote the competitiveness of the communications market and the necessary guarantee that customers will continue to benefit from a quality electronic communications service, with the levels of satisfaction that have been achieved, make it imperative that the structure underlying the provision of this service is maintained and, as such, fully justify the renewal of rights of use for frequencies under consideration.
