On the 2nd of July 2026, the National Communications Authority (ANACOM) submitted for public consultation its Draft Decision (SPD) concerning the renewal of radio frequency spectrum usage rights (DUER) granted to MEO, NOS and Vodafone for terrestrial electronic communications services.
Access to spectrum and its overall allocation are key determinants of the conditions of competition in the retail electronic communications markets. The current spectrum allocation is characterised by a high degree of symmetry between MEO, NOS and Vodafone and by a significantly more limited position for Digi compared with these operators, particularly in the low-band frequency bands.
In response to ANACOM’s public consultation, the AdC considered it appropriate to submit a set of comments, with a view to promoting competition, for ANACOM’s consideration in its decision-making.
There are expected to be limited opportunities for spectrum awards and reallocations in the medium term. Consequently, the renewal of the DUERs held by MEO, NOS and Vodafone restricts Digi’s scope for expansion and the possibility of entry of new operators, to the detriment of competitive dynamics in the retail markets for electronic communications services.
Among other considerations, the AdC reiterated its previous recommendations on the renewal of the DUERs, issued in November 2024, namely that a decision should be taken not to renew the DUERs or that, in the event of renewal, this should be for the shortest possible term that ensures they expire simultaneously with other DUERs, and in return for the imposition of pro-competitive obligations (e.g. regarding network access or the leasing of spectrum to third parties); and furthermore that, for the purposes of awarding DUERs, preference be given to competitive procedures incorporating measures to promote competition in the retail electronic communications markets.
Furthermore, in light of ANACOM’s proposals in the SPD, the AdC recommended:
That the decision to renew the DUERs in the 800 MHz, 2100 MHz and 2600 MHz bands be reconsidered;
Should the decision be taken to renew the 800 MHz and 1800 MHz bands, that a shorter renewal period, up to 2033, be considered;
That proportionate, reasonable, non-discriminatory, objective and clear conditions for the (future) renewal of DUERs be defined a priori;
That additional pro-competitive measures be considered as a condition for the renewal of DUERs, with a view to increasing market contestability and, in particular, facilitating access to networks. Among these (i) the strengthening of existing network access obligations and (ii) the adoption of incentives for the conclusion of network access or spectrum-sharing agreements by making the (future) renewal of DUERs conditional upon the establishment and maintenance of such agreements;
To align coverage obligations with the DEUR renewal periods covered by the SPD; and
To ensure that future DUER awards are done through competitive means and accompanied by appropriate pro-competitive mechanisms limiting the possibility of strategic behaviour by operators who have benefited or may benefit from DUER renewals.