New ICP-ANACOM Statutes Published

The new Statutes of the Instituto das Comunicações de Portugal have been approved by Decree-Law no. 309/2001http://www.anacom.pt/template20.jsp?categoryId=4675&contentId=17645 and published in I Series-A of the Diário da República of 7 December.

The ICP thus assumes the designation ICP - Autoridade Nacional de Comunicações (ICP-ANACOM) from 6 January 2002, the date the measure takes effect.

ICP-ANACOM is the continuation of the ICP's corporate entity and with this 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.

This measure joins in one single text various functions already assumed in practice by the Institute, but until present without formal statutory incorporation, especially those arising from the extensive acquis communautaire associated to the process of sector liberalisation under way for the past decade.

Without interrupting its institutional continuity, an integral and thorough comprehension of the ICP's role is thus enabled and its cohesion strengthened, as an authority to regulate and supervise communications. Hence the change in the respective designation and organic-institutional framework, the strengthening of its 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 ICP-ANACOM's independence is also established from the organic and functional standpoint, with the particularity of a direct relationship with the Assembly of the Republic (Parliament). ICP-ANACOM is thus required to annually send to the Government, for posterior submission to the Assembly of the Republic, a report on its regulatory activities, which is evidence of its independence. The Chairperson of the Management Board will likewise respond when solicited by the appropriate committee of the Assembly of the Republic for hearings to provide information or clarification on the activities of ICP-ANACOM.

The bodies of ICP-ANACOM remain the same - Management Board, Statutory Audit Council and Advisory Council. However, the number of members comprising the Advisory Council has increased. The members of the Management Board, a chairman and from two to four board members are appointed by Resolution of the Council of Ministers, for non-renewable five-year mandates and are subject to a regime of specific incompatibilities. However, approval of the new statutes does not imply the end of mandates for the members of ICP-ANACOM bodies in office on the date the measure takes effect.

As the regulatory authority for communications (telecommunications and postal), ICP-ANACOM will assure the regulation, supervision and representation of the sector.