By determination of 13 July 2011, ANACOM has approved a new draft Regulation of the auction to allocate rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands.
Taking into account the number, the merits and complexity of the contributions received under the consultation procedure to which the first draft was submitted, and taking into account the provisions of paragraph 5.17 of the Memorandum of Understanding agreed between the Portuguese Government, the European Union, the International Monetary Fund and the European Central Bank, which has determined significant changes, particularly with regard to the auction model, the amount of spectrum to be made available, and with further consideration to the obligations to be imposed, especially as designed to give impetus to the entry of new operators, ANACOM took the view that there were grounds to prepare a new, separate draft.
In particular, the draft regulation contains a set of rules which favour the entry of new operators in most of the bands covered by the auction, including:
(i) The introduction of "caps" that prevent a bidder from obtaining the entire spectrum of a given frequency band; these caps take account, in the case of 900 MHz and 1800 MHz, of the spectrum already in possession of existing providers, while ensuring availability of spectrum for potential new entrants in the 1800 MHz and 2.6 GHz frequency bands;
(ii) Allocation of a 20% discount on the price payable for spectrum in the 900 MHz band where the bidder is a new entrant;
(iii) Imposition of obligations of non-discriminatory access to networks, including with regard to the negotiation of:
- agreements enabling mobile virtual network operations;
- national roaming agreements;
- infrastructure access and sharing agreements.
The draft regulation is submitted to the regulatory procedure laid down in article 11 of the Statutes of ANACOM, in annex to Decree-Law No 309/2001 of 7 December, whereas comments and suggestions should preferably be sent by e-mail to ''firstname.lastname@example.org''1, and must be received no later than 26 August 2011.
Once the consultation process is concluded, ANACOM will publish the responses received, whereby respondents should also send a public version of their comments, with any confidential material removed, for publication on this website.
For the purpose of publication of this decision, ANACOM has arranged notice to this effect in several media outlets - Diário de Noticias, Jornal de Notícias, Público, Açoriano Oriental and Diário de Notícias da Madeira.
1 Each email may contain one or more files provided that the combined size of the files does not exceed 10 megabytes. If necessary, comments may be split between two or more emails.
- Consultation on new draft of the Regulation of the Auction for the allocation of rights of use of frequencies in the 450, 800, 900, 1800 MHz and 2.1 and 2.6 GHz bands https://www.anacom.pt/render.jsp?contentId=1092982
- Consultation on the draft Auctioning Regulation for allocation of rights of use of frequencies in the 450, 800, 900, 1800 MHz and 2,1 and 2,6 GHz bands https://www.anacom.pt/render.jsp?contentId=1077099