Following requests from OniWay - Informações, S.A., as an operator licensed for the UMTS/IMT2000 systems, aiming to achieve:
1º Access, even on a provisional basis, to a range of DCS1800 frequencies enabling it to make use of its own network in the highest traffic zones, in order to offer services using GSM/GPRS technology; and
2º The possibility to use the networks of its three competitors, by means of national roaming agreements, in order to offer services using GSM/GPRS technology,
the following decisions were taken, via a deliberation of July 31, 2001:
a) OniWay requests the use of frequencies in order to provide services other than those for which the operator was licensed;
b) The planning and assignment of frequencies is governed by criteria of availability of the radio spectrum, guarantee of conditions of effective competition in the relevant markets and effective and efficient use of frequencies;
c) Having contemplated the referred criteria, there is no plan foreseen to assign frequencies for the implementation of a fourth GSM/DCS network,
ICP decided to inform OniWay of its probable decision to reject the request of assignment of frequencies in the DCS1800 band, and set a deadline of ten working days for the interested party to make a written statement, under the terms specified in article 100 and following articles of the Administrative Procedures Code.
a) OniWay cannot take advantage of the roaming conditions specified in the tender specifications, or in other words, no consideration is made of the possibility of imposing roaming, specifically within the framework of the pre-negotiated conditions with other operators, before the implementation of the licensed UMTS network;
b) It is necessary to determine the framework applicable to this provider as a mobile services provider without its own frequencies, thus resulting in a Mobile Virtual Network Operator (MVNO), after withdrawal of the hypothesis of assigning the desired frequencies and given that ICP intends to minimise the impact, especially on the new entrant, of non-provision, in due time, of terminal equipment necessary for the operation of UMTS services,
ICP decided to inform OniWay of its position and to submit a discussion document to the mobile operators and ICP's Consultative Committee in order to hear their opinions. The discussion document contains an analysis of the concept and necessary conditions for the exercise of the activity of a Mobile Virtual Network Operator (MVNO), in order to ensure the viability of new entrants into this market.