LISBON (WiMAX Day). Anacom, the telecommunications regulator in Portugal, has released a proposal for the allocation of 3.4 ~ 3.8 GHz spectrum. Following an initial public consultation last year, which received 19 responses, Anacom will publish a final consultation later this year with the expectation of allocating frequencies in Q1 2008.

Anacom said in a press release last week that the spectrum would be auctioned on the basis of technology neutrality, which would allow “the use of WiMAX type systems.” Additional spectrum in the 5.7 ~ 5.8 GHz range would be allocated.

The regulator also said that it intends to make the first two spectrum bands “available for fixed, nomadic and mobile applications.” This is an important distinction for these bands in Europe. Several European regulators already permit mobility for the 3.4 ~ 3.6 GHz frequencies, and many others are planning to change their spectrum regulations to allow for mobility in this frequency, which is one of the primary frequencies for WiMAX in Europe and around the world.

“It is Anacom’s position that the introduction of BWA constitutes an opportunity to promote competition among the provision of networks and services, opening up the way for new operators to enter the market, especially with regard to the exploitation of the technology in its mobile form.”

The 5.7 ~ 5.8 GHz band would only be allocated for fixed and nomadic access.

In an effort to stimulate competition in the wireless broadband access market, Anacom propose to allocate the 3.4 ~ 3.8 GHz frequencies in two phases. The first will restrict access to the new frequencies from those companies that already have licenses in Portugal for the frequency band, as such companies may have “significant power in the broadband market or which hold rights to use frequencies for the provision of public terrestrial mobile services.” Following this first phase, Anacom propose to release the remaining frequencies.

Those companies that already operate FWA (fixed wireless access) networks using previously allocated 3.4 ~ 3.8 GHz frequencies, will be able to offer services based on mobility only after the new spectrum is allocated, according to the press release.

Anacom also said that the new spectrum would be allocated either by a tender bid or an auction. However, the regulator said it believes an auction would be the most appropriate method of allocation, as it “is seen as being more transparent for interested parties, causing less of an interference to the operators’ business plans and creativity, stimulating the efficient and effective use of the spectrum and diminishing the motivation for unproductive allocation of this resource”