Đấu giá

Article 35, Portugal Telecommunications Act “Article 35. Grant of rights of use 1 – The allocation of usage rights for frequencies and numbers is dependent on a request being submitted to the NRA, which request shall include such items as are necessary to prove the ability of the requestor to comply with the conditions associated with the usage right, which conditions are established in articles 32 and 34, under terms to be defined by the NRA. 3 – Where the granting of rights of use is subject to competitive or comparative selection procedures, the periods set out in the preceding paragraph may be extended as follows: a) to an additional period of 15 days, in respect of the allocation of numbers,; b) for as long as is necessary in respect of the allocation of frequencies, to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no more than eight months, without prejudice to any applicable international agreements relating to the use of radio frequencies and satellite coordination. 4 – The Government is charged with the approval of regulations regarding the allocation of frequency usage rights where such regulations involve competitive or comparative selection procedures, and where such allocation involves frequencies which are being made available for the first time within electronic communications, or otherwise where such frequencies are intended to be used for new service.”

Thi tuyển

Article 35, Portugal Telecommunications Act “Article 35. Grant of rights of use 1 – The allocation of usage rights for frequencies and numbers is dependent on a request being submitted to the NRA, which request shall include such items as are necessary to prove the ability of the requestor to comply with the conditions associated with the usage right, which conditions are established in articles 32 and 34, under terms to be defined by the NRA. 3 – Where the granting of rights of use is subject to competitive or comparative selection procedures, the periods set out in the preceding paragraph may be extended as follows: a) to an additional period of 15 days, in respect of the allocation of numbers,; b) for as long as is necessary in respect of the allocation of frequencies, to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no more than eight months, without prejudice to any applicable international agreements relating to the use of radio frequencies and satellite coordination. 4 – The Government is charged with the approval of regulations regarding the allocation of frequency usage rights where such regulations involve competitive or comparative selection procedures, and where such allocation involves frequencies which are being made available for the first time within electronic communications, or otherwise where such frequencies are intended to be used for new service.”

Cấp lại

Có thể được cấp lại với thời hạn bằng thời hạn của giấy phép (tối đa 20 năm kể cả gia hạn). Không quy định cụ thể về điều kiện được cấp lại (Article 36, Telecommunications Act): “Article 36 Time limit and renewal of rights of use for frequencies 1 – Frequency usage rights shall be granted for a 15-year period, and in duly substantiated situations they may be granted by the NRA for an extended time limit, to a maximum of 20 years. 2 – The rights of use may be renewed for equal periods of time, upon a request submitted by the right holder to the NRA at the least one year prior to the termination of the period in which the right is in force. 3 – In the case referred to in the preceding paragraph, the NRA may oppose the renewal of the right of use up to three months before the termination of the period in which the right is in force, presenting the grounds therefor; in the event that the NRA does not respond, the request shall be deemed as granted.”

Giới hạn CAP

Article 31 Limitation of the number of rights of use for frequencies 1 – The number of usage rights to be granted may only be limited in the event that such limitation is necessary to ensure the efficient use of radio frequencies. 2 – Where the NRA intends to limit the number of usage rights to be granted, it shall, in particular, give due weight to the need to maximise benefits for users and to facilitate the development of competition. 3 – In the cases provided for in the preceding paragraph and without prejudice to other measures deemed appropriate, the NRA shall: a) Enact the general consultation procedure set forth in article 8, hearing, in particular users and consumers; b) Publish a decision to limit the granting of usage rights, stating the reasons therefor, establishing at the same time the procedure for allocation, which procedure may consist of competitive or comparative selection, including an auction or competition. c) Instigate the procedure for the presentation of applications for the usage rights under the terms defined. 4 – Where the granting of frequency usage rights is limited, the procedures and selection criteria shall be objective, transparent, non-discriminatory and proportionate and shall take account of the objectives set forth in article 5. 5 – The NRA shall conduct a review of the limitation of the number of frequency usage rights under the terms of 16, on an annual basis and also at the reasonable request of interested undertakings; where the NRA concludes that further frequency usage rights may be granted, it shall publish such conclusion and instigate the procedures for the applications for such rights, in accordance with the present article.

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