2. Framework


In the scope of the process of renewal of rights of use for frequencies (RUF) in the 2100 MHz band (1920-1980 MHz/2110-2170 MHz sub-band) allocated to MEO - Serviços de Comunicações e Multimédia, S.A. (MEO), NOS Comunicações, S.A. (NOS) and Vodafone Portugal - Comunicações Pessoais, S.A. (VODAFONE), ANACOM took the view that some conditions different than those initially established in the respective titles should be imposed, having deemed it appropriate and proportional to determine the imposition of additional coverage obligations on these operators as provided for in its determination of 18 February 20161.

ANACOM thus approved a list of 588 parishes as tend to lack mobile broadband coverage (defined according to the methodology described in point 4.2.2 of the referred determination) and determined that MEO, NOS and VODAFONE were each required to cover 196 of such parishes, within at the most one year from the date of renewal of the relevant RUF (which shall take place by the middle of 2018).

For the purpose of the distribution of the referred parishes, ANACOM set a one-year period of time from the notification of the final decision on the renewal of RUF under consideration for operators to notify the Authority of the decision on the distribution that is reached by agreement.

The determination of 18 February 2016 further lays down that it is incumbent on ANACOM to approve the result of this agreement, 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 are 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 and/or result of the random selection, as appropriate, been approved, the geographic scope of coverage obligations is deemed to be defined, such obligations thus becoming an integral part of titles laying down renewed rights of use for frequencies in the 2100 MHz band.