About ANACOM

ANACOM is the regulator, supervisor and representantive of the communications sector in Portugal.

Autoridade Nacional de Comunicações (ANACOM) is the new designation of the Instituto das Comunicações de Portugal, after the publication of the new statutes in 6 of January of 2002.

The publication on 7 December of Decree-Law no.309/2001http://www.anacom.pt/template20.jsp?categoryId=4675&contentId=17645 aims, above all, to join in one single legal text various responsibilities heretofore contained in separate measures, due to the transposition of the "acquis communautaire" that has imposed new and additional duties on national regulatory authorities over the course of the past decade, which has in turn witnessed preparation for consolidation and, particularly, liberalisation of the telecommunications sector.

ANACOM is the continuation of the ICP's corporate entity and with the new statute is released from its previous legal status as a public institute, to become a public corporation endowed with administrative and financial autonomy and its own assets.

Without interruption of institutional continuity, an integral and thorough comprehension of the ANACOM's role is thus enabled and its cohesion strengthened as an authority to regulate and supervise communications. Hence the change in its respective designation and organic-institutional framework, the enhanced powers and procedures of authority, and the introduction of flexibility in the instruments at its disposition, both legally and with regard to the economic-financial regime.

The specific nature of ANACOM's independence is also established from the organic and functional standpoints, with the particularity of a direct relationship with the Assembly of the Republic (Parliament). ANACOM is thus required to annually send a report on its regulatory activities to the Government, which is also to be submitted to the Assembly of the Republic. The Chairman of the Board of Administration will likewise respond when solicited by the appropriate committee of the Assembly of the Republic for hearings to provide information or clarifications on the activities of ANACOM.

ANACOM is thus the regulatory authority for postal communications and electronic communications, in accordance with the base law for postal services, article 18 of Law no. 102/99 of 26 July, and also the law for electronic communications, articles 4 and 5 of Law no. 5/2004, of 10 February.

To that end, ANACOM is endowed with the following responsibilities:

1. In the context of market regulation: to guarantee network access for communications operators under conditions of transparency and equality; to promote competition and development in communications markets, namely in the context of convergence of telecommunications, media and information technologies; to grant rights for the exercise of postal and telecommunications activities; to assure management of the radio spectrum, guaranteeing co-ordination between civil, military and paramilitary communications, along with management of numbering in the communications sector.

2. Regarding market oversight: to ensure application and supervision of laws, regulations and technical requirements applicable in the context of its responsibilities, as well as compliance by communications operators with provisions of the respective licences or concession contracts; to guarantee the existence and availability of a universal communications service, assuring fulfilment of the corresponding obligations; to ensure the correct use of spectrum resources and granted numbering; to protect consumer interests, namely the users of universal service, in co-ordination with the appropriate bodies and by encouraging consumer clarification.

3. Regarding representation of the communications sector: to assure technical representation of the Portuguese State in international counterpart bodies, accompany the activities of similar regulatory entities and foreign experience in regulating communications, besides establishing relations with other regulatory entities; to collaborate with other public and private entities in fostering scientific investigation applied to telecommunications, and national and international divulgation of the sector; to promote technical standardisation, in collaboration with other organisations, in the communications sector and related fields; to collaborate in defining civil emergency planning policies for the communications sector, providing technical support for the bodies and services responsible for establishing and operating the integrated network of emergency communications; to assure that studies are carried out in the areas of postal communications and telecommunications; and to undertake projects in the context of promoting access to the information and knowledge society.

To fulfil its responsibilities, it is incumbent upon ANACOM to: 

• Assist the Government upon request or by own initiative in the definition of strategic guidelines and general policies for communications and the activities of communications operators, suggesting or proposing legislative or policy measures on issues related to its responsibilities, and to participate in setting comprehensive strategy for communications development, particularly in the context of convergence, undertaking such studies as deemed necessary;
• Elaborate regulations, in cases anticipated by law and when shown to be necessary for the exercise of its responsibilities, to effect processes of public consultation and manifestations of interest, particularly with regard to the introduction of new services or technologies;
• Assign spectral and numbering resources;
• Co-ordinate with the appropriate entity application of the competition law for the communications sector;
• Assess the conformity of equipment and materials, and define the requirements necessary for their commercialisation;
• Arbitrate and resolve disputes that arises in the context of communications.

The efficient accomplishment of its incumbent responsibilities and the specific nature of the communications sector, along with the constant innovations affecting same, obviate the need for ANACOM to be granted wide-ranging normative power, to make it a true authority for the regulation and supervision of communications. Thus, beyond issuing tangible and individual binding acts, formulating concrete recommendations, initiating and accompanying legal cases and punishing infractions within its jurisdiction, overseeing compliance with laws and regulations applicable to the communications sector and monitoring the activity of entities subject to its oversight, as well as the functioning of the communications market, ANACOM may issue regulations that are deemed necessary for the pursuit of its functions.

In addition to this competence framework, with the publication of Decree-Law no. 7/2004, of January 7, which rules certain legal aspects associated with the information society services, namely e-commerce, as a result of the transposition of the European Parliament and Council Directive no. 2000/31/EC, of 8 June 2000, ANACOM will act as central supervision entity, with competences at all levels ruled by this diploma, except as otherwise set forth in the special law, whereby sectorial competences are allocated to other entities.

Internal framework:

The Board of Directorshttp://www.anacom.pt/render.jsp?contentId=25101 is comprised by a chairman and two or four members, appointed by the Council of Ministers upon proposal by the minister of tutelage, for a non-renewable period of five years. It is responsible for defining and accompanying the activity strategy of ANACOM. The members of the Board of Directors, who are subject to a regime of specific incompatibilities, have five-year non-renewable mandates.

The Statutory Audit Commitee comprises a chairperson and two members, one of whom  being a statutory auditor, appointed by the Minister of Finance and by the Minister of Tutelage, for a three-year renewable period. This body is responsible for the legal control and for economic nature of the financial and patrimonial management of ANACOM.

The Advisory Councilhttp://www.anacom.pt/template15.jsp?categoryId=137443 is composed of representatives of interested parties in the telecommunications and postal sector and has members from central government, the autonomous regional governments, the National Association of Municipalities, the Anti-Trust Council, the entities holding concessions for the universal telecommunications and postal services, representatives of service operators and providers, sellers and installers of telecommunications systems, manufacturers, companies using communications and individual consumers.The Advisory Council is presided over by a representative of the minister overseeing this sector of activity and its members are nominated by the entities represented on the council for three-year renewable terms of office.

The Advisory Council is a body for consultation, support and participation in the definition of the general guidelines for ANACOM.

Relevant legislationhttp://www.anacom.pt/template12.jsp?categoryId=132899

Ministryhttp://www.anacom.pt/template12.jsp?categoryId=132919

Relevant informationhttp://www.anacom.pt/template9.jsp?categoryId=132920