The communication presented by EML, on 15 April 2014, corresponds to the model provided by ANACOM for notifying the commencement of activity pursuant to the general authorization regime under article 21 of ECL. The referred communication was completed in Portuguese, and includes the company’s identification data, as well as the description of the network and services intended to be provided, being signed by a representative of EML, whose signature was authenticated by a notary certifying the respective status.
Taking into account that:
(i) Under ANACOM’s Decision of 10 November 2011, the provision on national territory of MSS systems in the 1980-2010 MHz and 2170-2200 MHz frequency bands by applicants which are selected under the terms of Decision No 2009/449/EC is subject to the award by ANACOM of a right of use, covering both the satellite component and the ground component (CGC);
(ii) EML meets the requirement established in the referred Decision, given that it is one of the operators selected under Decision No 2009/449/EC;
(iii) The change in the business name of the company, as referred in point 2.3., did not entail a change in any other data or information presented by EML in its communication;
(iv) Under paragraph 2 of article 76 of the Administrative Procedure Code (approved by Decree-Law No 442/91, of 15 November, which applies ex vi article 8 of Decree-Law No 4/2015, of 7 January, the statutory instrument that approves the new Administrative Procedure Code), it is incumbent on this Authority to correct on its own initiative any defects in applications, so as to prevent that interested parties suffer any damage due to simple irregularities or mere imperfections when making applications;
ANACOM takes the view that EML communication constitutes, for the appropriate purposes, an application for the award of rights of use for frequencies, pursuant to and for the purposes of paragraph 6a) of article 30 of ECL, which must now be analysed.
