Granting of radio licences

In accordance with current Portuguese legislation (Decree-Law no. 151-A/2000 of 20 July, under the terms of Decree-Law no. 264/2009 of 28 September), a radio licence is required for the use of radiocommunications stations and networks.

The radio licence is an administrative authorisation which confers on the licence holder the right to use a radiocommunications station or network within the scope of a radiocommunications service, in accordance with the terms and subject to the conditions established therein.

One of the purposes of granting radio licences is to avoid interference between radiocommunication services. The unauthorised use of frequencies by stations can cause harmful interference to licensed users and, in accordance with current legislation, is an offence punishable with a fine.

While the use of radiocommunications stations or networks is generally subject to radio licensing, there are a number of exceptions. In accordance with Decree-Law and Notice no. 15252/2009, published on 19 of August, the networks and stations that are exempt from a radio licence are published on Annex 4 of NFAP (which details, for example, the conditions governing the exemption of radio licensing for radio local area networks, remote control, telemetry, telealarm and data transmission systems, cordless telephones or PMR 446 equipment).

Users of radiocommunications networks and stations have, among others indicated in Decree-Law no. 151-A/2000 of 20 July, under the terms of Decree-Law no. 264/2009 of 28 September, the following obligations: to keep the networks and stations in good working order, to refrain from causing interference to other radiocommunications networks and stations; to allow the inspection of stations and to allow inspection personnel access to the premises thereof; and to use radiocommunications stations in accordance with the technical parameters established by the respective licence.

The free circulation, placing on the market and bringing into service in Portuguese territory of Radio and Telecommunications Terminal Equipment (R&TTE), as well as the regime applicable to their conformity assessment and marking, are governed by Decree-Law no. 192/2000 of 18 August, which shall be taken into account, particularly with respect to compliance with the essential requirements and with the technical specifications of the radio interfaces used in Portugal. For further information, please see R&TTE Regulatory Frameworkhttp://www.anacom.pt/render.jsp?categoryId=36141.

Granting of temporary licences

Licences for temporary use not exceeding a period of one hundred eighty days are usually granted to radiocommunications stations or networks supporting events of short durations (conferences, shows, exhibitions, sports events, etc.).

Temporary licensing covers frequencies allocated with full accessibility and are assigned on a ''first come first served'' basis. As such, it is recommended that licensing requests are made in good time and, preferably ten days prior to the date on which it is proposed the licence should come into force.

Consult:

Decree-Law no. 151-A/2000, of 20 July http://www.anacom.pt/disclaimer_article.jsp?contentId=160541&fileId=164362&channel=graphic

Decree-Law no. 264/2009, of 28 September http://www.anacom.pt/disclaimer_article.jsp?contentId=160541&fileId=1021644&channel=graphic

National Frequency Allocation Plan (NFAP) http://www.anacom.pt/disclaimer_article.jsp?contentId=160541&fileId=291355&channel=graphic&disclaimer=1

Notice no. 15252/2009, published on 31 August http://www.anacom.pt/disclaimer_article.jsp?contentId=160541&fileId=981888&channel=graphic

Decree-Law no. 192/2000, of 18 of August http://www.anacom.pt/disclaimer_article.jsp?contentId=160541&fileId=17057&channel=graphic

Administrative Rule no. 291-A/2011, of 4 November http://www.anacom.pt/disclaimer_article.jsp?contentId=160541&fileId=1104871&channel=graphic