Therefore, the Management Board of ANACOM, under articles 32 and 33, paragraph 3 c) of the Electronic Communications Law, in the exercise of powers conferred under article 9, paragraph 1 b), and under point q) of paragraph 1 of article 26, both of its Statutes, approved by Decree-Law No. 39/2015, of 16 March, hereby determines as follows:
1. To renew, for a 15-year period, rights of use for frequencies in the 1920-1980 MHz / 2110-2170 MHz sub-band allocated to NOS Comunicações, S. A., MEO – Serviços de Comunicações e Multimédia, S. A., and Vodafone Portugal - Comunicações Pessoais, S. A., under the terms laid down in endorsements to titles ICP-ANACOM No. 01/2012, ICP-ANACOM No. 02/2012 and ICP-ANACOM No. 03/2012, in annex 1 hereto, deemed to be an integral part hereof.
2. To approve the list of 588 parishes as tend to lack mobile broadband coverage, determined according to the methodology described in point 4.2.2 above, which is laid down in Annex 2 to this determination, deemed to be an integral part hereof.
3. To determine that NOS Comunicações, S. A., MEO - Serviços de Comunicações e Multimédia, S. A., and Vodafone Portugal - Comunicações Pessoais, S. A., are required to cover 196 of parishes listed in Annex 2 to this determination, being granted a one-year period of time from the notification of the final decision on the renewal of the relevant rights of use for frequencies to notify ANACOM of the decision on the distribution that is reached by agreement.
4. It is incumbent on ANACOM to approve the result of the agreement referred to in the preceding paragraph or, in the absence thereof or in case of a partial agreement, to decide on the distribution of parishes not covered by the agreement, carrying out for this purpose a random selection of parishes, which shall determine the order in which operators will select parishes by turns, one by one, until all parishes have been assigned. After the random selection, operators shall be given up to one month during which they may agree on the exchange of parishes that have been assigned to each of them. Having the agreement or result of the random selection been approved, as appropriate, the geographic scope of coverage obligations will be deemed to be defined, and thus become an integral part of titles laying down rights of use for frequencies.
5. Where appropriate, operational details of the random selection referred to in the preceding paragraph, involving in particular the place, date and other logistic issues, shall be defined by ANACOM and notified to the referred operators.
6. For the purpose of point 11.3 of titles ICP-ANACOM No. 01/2012 and ICP-ANACOM No. 02/2012 and of point 12.3 of title ICP-ANACOM No. 03/2012, included NOS Annex 1 hereto and deemed to be an integral part hereof, NOS Comunicações, S. A., MEO - Serviços de Comunicações e Multimédia, S. A., and Vodafone Portugal - Comunicações Pessoais, S. A. are required:
a) Within 60 working days from the date of renewal of the respective rights of use for frequencies, to submit to ANACOM responses to the ad-hoc questionnaire approved for this purpose in a separate determination taken by this Authority;
b) In each year, to present to ANACOM a declaration confirming that, on 31 December of the preceding year, levels of population coverage reported in the respective responses to the referred ad-hoc questionnaire have been guaranteed. This declaration shall be signed by whoever is entitled to bind the company, bearing a certified signature or attaching the respective commercial register certificate or access code to the permanent certificate. The deadline to submit this annual declaration shall coincide with the deadline to submit the declaration referred to in point IV of determination of 17 November 2014 (vide ''IV. Decision''https://www.anacom.pt/render.jsp?categoryId=381529).
7. The renewal of the referred rights of use for frequencies in the 1920-1980 MHz / 2110-2170 MHz sub-band shall not have the effect of or result in the revocation of breach proceedings already initiated, or to be initiated, for failure to comply with obligations laid down in current titles ICP-ANACOM No. 01/2012, ICP-ANACOM No. 02/2012 and ICP-ANACOM No. 03/2012.
8. Endorsements to titles ICP-ANACOM No. 01/2012, ICP-ANACOM No. 02/2012 and ICP-ANACOM No. 03/2012, as set out in Annex I hereto, shall only take effect as from 5 June 2018, 22 April 2018 and 6 May 2018, respectively, titles with the current wording remaining in force until such dates.
