TITLE
OF RIGHTS OF USE FOR FREQUENCIES
FOR TERRESTRIAL ELECTRONIC COMMUNICATIONS SERVICES
ICP - ANACOM No. 01/2012
ENDORSEMENT No. 4
1. Paragraph 1.a) of this title is hereby amended to read as follows:
a) Rights of use, on national territory, of 2 x 7.8 MHz in the 900 MHz frequency band (880-915 MHz / 925-960 MHz) and of 2 x 6 MHz in the 1800 MHz frequency band (1710-1785 MHz / 1805-1880 MHz) for systems identified in annex to Decision 2009/766/EC, as amended by Decision 2011/251/EU, and of 2 x 15 MHz in the 1920-1980 MHz / 2110-2170 MHz sub-band, in the 2100 MHz band, according to conditions identified in Commission Implementing Decision 2012/688/EU.
2. Paragraph 6.r) of this title is hereby amended to read as follows:
Payment of the following fees:
(i) Fee due for the exercise of the activity of provider of electronic communications networks and services, under point b) of paragraph 1 of article 105 of the Electronic Communications Law and according to rules set out in Administrative Rule No. 1473-B/2008, of 17 December, as subsequently amended;
(ii) Fees due for the use of radio spectrum, under point f) of paragraph 1 of article 105 of the Electronic Communications Law and article 19 of Decree-Law No. 151-A/2000, of 20 July, as subsequently amended, for the amounts set out in Administrative Rule No. 1473-B/2008, of 17 December, as subsequently amended.
3. Paragraph 8.a) of this title is hereby amended to read as follows:
a) (Removed).
4. Paragraph 9.1.b) of this title is hereby amended to read as follows:
b) 2 x 15 MHz in the 1920-1980 MHz / 2110-2170 MHz sub-band, according to conditions identified in Commission Implementing Decision 2012/688/EU.
5. Paragraph 9.3. of this title is hereby amended to read as follows:
The use of systems in the 2100 MHz band under technical conditions other than those laid down in annex to Commission Implementing Decision 2012/688/EU shall require the prior authorization from ANACOM, at the substantiated request of NOS.
6. Paragraph 11 of this title is hereby amended to read as follows:
11. Coverage obligations
11.1. NOS is required, under point a) of paragraph 1 of article 32 of the Electronic Communications Law, to ensure, both in terms of population and of geographical distribution, the compliance with the following coverage obligations:
a) As regards the provision of voice and data services up to 9600 bps, a minimum coverage not lower than that verified on 17 May 2012, date of the renewal of Rights of Use for Frequencies concerned by paragraph 9.1.a) of this title;
b) As regards the provision of data services in the 1920-1980 MHz / 2110-2170 MHz sub-band, a minimum coverage not lower than that verified on 4 June 2018, date of the renewal of Rights of Use for Frequencies concerned by paragraph 9.1.b) of this title.
11.2. For the purpose of point a) of the preceding paragraph, the reference basis for the ensured level of coverage shall be considered to be the information submitted by NOS to ANACOM in the scope of the ad-hoc questionnaire approved by determination of this Authority on 17 May 2012.
11.3. For the purpose of point b) of paragraph 11.1, the reference basis for the ensured level of coverage shall be considered to be the information submitted by NOS to ANACOM in the scope of the ad-hoc questionnaire approved in a separate determination to be taken by this Authority.
11.4. Compliance with coverage obligations referred in paragraph 11.1 may be ensured using spectrum identified in paragraph 9.
11.5. ANACOM is entitled to determine levels of coverage required for specific locations and areas where this proves to be justified to fulfil communication needs of interest for the population and for economic and social development.
11.6. For the purpose of the preceding paragraph, the determination of coverage of specific locations shall be preceded by the prior hearing of NOS.
11.7. NOS is also required, under point a) of paragraph 1 of article 32 of the Electronic Communications Law, to comply with coverage requirements set out as follows:
a) To ensure the associated coverage of 196 parishes as tend to lack mobile broadband coverage, selected under terms and conditions set out in ANACOM’s determination of 18 February 2016;
b) In parishes referred to in the preceding paragraph, NOS is required to make available to at least 75% of the population a mobile broadband service that allows data transmission speed of 30 Mbps (maximum download speed);
c) These coverage obligations must be complied with within at the most one year from the date of renewal of Rights of Use for Frequencies concerned by paragraph 9.1.b) of this title, that is, by 4 June 2018;
d) Compliance with coverage obligations shall be measured, throughout the period during which Rights of Use for Frequencies concerned by paragraph 9.1.b) of this title are in force, by reference to the nomenclature and administrative limits of parishes as set out in the 2011 CAOP – Carta Administrativa Oficial de Portugal (Official Administrative Map of Portugal);
e) NOS is entitled to comply with coverage obligations provided for in this paragraph using any of the rights of use for frequencies which it holds under this title.
7. Paragraph 14 of this title is hereby amended to read as follows:
14. Commitments of the UMTS public tender
NOS is required, under point g) of paragraph 1 of article 32 of the Electronic Communications Law, to follow through the commitments made in bids within the public tender for allocation of licenses for international mobile telecommunication systems (IMT2000/UMTS).
8. Paragraph 16.1.a) of this title is hereby amended to read as follows:
a) On 4 June 2033, for frequencies assigned in the 2100 MHz band.
Lisbon, 18 February 2016.
