Ministerial Order n.º 1758/2003, of 29 of January

Ministério da Economia (Ministry of Economy)

Gabinete do Ministro (Minister's Office)

Ministerial Order

Having pleaded subsequent reasons of public interest, Oniway – Infocomunicações, S.A. (Oniway)  requested the repeal of the administrative act which granted the License N. º ICP – 03/UMTS for the operation of the International Mobile Telecommunications Systems (IMT2000/UMTS), performed in compliance with the Order of the Minister for Social Equipment of 19 December 2000.

Oniway further requested that the mentioned repeal take place without carrying with it the imposition of any conditions or charges, and with the consequent refunding of the security deposit lodged in the scope of the public tender, as well as the expiry of the license emitted by ICP – National Communications Authority (ICP – ANACOM).

Therefore, having regard to the opinion on the request and statement of grounds thereof submitted by Oniway, which was presented to me by ICP – ANACOM:

a) acknowledging the change of assumptions underlying the model chosen for the granting of IMT2000/UMTS licenses;
b) concluding that the measures intended for the permanence of a market operator are inconvenient when in disagreement with the wishes of the respective share-holders;
c) concluding that the decision of the operator not to launch the activity does not harm public interest;

and pursuant to articles 140 and 142 of the Code of Administrative Procedure, I hereby determine:

1. To repeal the granting of a license to Oniway for the operation of International Mobile Telecommunications Systems (IMT2000/UMTS);

2. To assign ICP – ANACOM the task of performing the necessary actions for the implementation of the present Ministerial Order.

Lisbon, 13 January 2003. - The Minister for the Economy, Carlos Manuel Tavares da Silva.