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Altice Portugal moves forward with action to challenge 5G regulation

Altice Portugal acted on Wednesday with an administrative action challenging the 5G regulation in Lisbon Administrative Court, Meo owner's official source confirmed to Lusa today.

Contacted by Lusa, an official source indicated that Altice Portugal had advanced, last Wednesday, "with an administrative action contesting the 5G regulation before the administrative court of the Lisbon circle, with a view to declaring the invalidity of such a regulation".

The regulation of 5G (fifth generation), in addition to representing "a huge setback for competitiveness and endangering the sustainability of the sector, by retracting and destroying investments and creating value, is hurt by multiple illegalities which we cannot comply with and this bias illegally, that is to say, in an excessive, unjustified and partial manner, the bidding in favor of new entrants ”.

The owner of Meo points out, “in this regard, that Anacom [Autoridade Nacional de Comunicações] advanced to this regulation without doing any market research and without taking into account the public policy objectives formulated by the State, through the government in the resolution of the Council of Ministers approved for this purpose, by interfering on the market, as if it were a real 'player' if it were, allying with certain operators to the detriment of others and seeking, thereby, to guide or outline the evolution of the market in the direction which, from its own and ideological perspective, seems to be the most convenient ”.

Altice Portugal "continues to await" the decision of the Lisbon Administrative Court on the precautionary measure that was brought against the regulator in November 2020, "on the basis of the multiple illegalities which continue to undermine this same regulation".

New entrants can benefit from national roaming access to the networks of operators already installed, regardless of the quality of the spectrum they acquire, depending on the conditions of the auction.

The process has been widely contested by incumbents, involving lawsuits, precautionary measures and complaints in Brussels, believing that the regulation contains "illegal" and "discriminatory" measures, which encourages divestment.

The 5G auction now completes its 81st main auction day.

On Thursday, operators' bids at the auction amounted to € 295,2 million.

The 5G licensing was scheduled for the first quarter, which did not happen, and on April 8, Anacom announced the decision of a respective regulatory amendment process to speed up auctions, which resulted in been widely criticized by incumbents.

ALU // CSJ

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