Assembleia da República (Assembly of the Republic)
Law
Authorizes the Government to legislate on the compulsory purchase of the telecommunications basic network.
Pursuant to paragraph d) of article 161 of the Constitution, the Assembly of the Republic hereby decrees the following:
Article 1
Scope
The Government is granted authorization to legislate on the compulsory purchase regime of the telecommunications basic network.
Article 2
Purpose and extension
The legislation to be established by the Government pursuant to the preceding article shall have the following purpose and extension:
a) to subject the basic network and any assets integrating it to the possibility of a compulsory purchase, on grounds of reasoned public interest, namely in case of the buy-back or the cancellation of the concession before the expiry of the time period;
b) to establish the terms of the referred compulsory purchase, assigning to the Council of Ministers the powers for the decision to purchase, under proposal of the member of the Government responsible for the communications sector, and determining that the the value of the compensation granted shall be the value of the asset at the time of the decision to purchase;
c) to establish that the value of the compensation shall be determined by decision of an arbitration court, against which lies no further appeal;
d) to establish the regime for the appointment of arbitrators and to assign to the court of arbitration the powers to establish the terms of the inventory and assessment procedures of the assets to be purchased;
e) to establish that in case of a compulsory purchase on grounds of the buy-back or cancellation of the concession, the transfer of the possession shall occur at the moment of the winding-up of the concession, even where no compensation has been determined, and in case of a compulsory purchase not relating to the winding-up of the concession, the Council of Ministers may, at any time, determine the immediate transfer of possession.
Article 3
Duration
This legislative authorization shall expire 90 days from its entry into force.
Approved on 30 January 2003.
The President of the Assembly of the Republic, João Bosco Mota Amaral.
Promulgated on 21 February 2003.
Let it be published.
The President of the Republic, JORGE SAMPAIO.
Counter-signed on 24 February 2003.
The Prime Minister, José Manuel Durão Barroso.
