Law no. 29/2002, of 6 of December

Published in D.R. number 282 (Series I-A) of 6 December 2002

Assembleia da República (Assembly of the Republic)

Law

(This is not an official translation of the law)

First amendment to Law no. 91/97, of 1 of August (which sets out the general basis for the establishment, management and operation of telecommunication networks and the provision of telecommunications services).

Pursuant to paragraph c) of article 161 of the Constitution, the Assembly of the Republic hereby decrees,to be effective as general law of the Republic, the following:

Article 1
Amendments to Law no. 91/97, of 1 of August

Articles 8 and 12 of Law no. 91/97, of 1 of August are hereby amended to read as follows:

«Article 8
[...]

1 - ........................
2 - ........................
3 - ........................
4 - ........................
5 - The concept of universal service must evolve to keep pace with advances in technology, market development and changes in user demand, its scope being altered where justified by the mentioned advances.

Article 12
[...]

1 - .......................
2 - The basic telecommunications network is made up by the fixed subscriber access system, the transmission network and the concentration, switching or processing nodes, when allocated to the provision of the telecommunications universal service.
3 - ........................
4 - ........................
5 - The basic telecommunications network shall ensure the provision of the universal service, safeguarding to this effect the security of network operations, the maintenance of network integrity and the permanent operability of services, in compliance with the provisions of article 8.
6 - ......................... »

Article 2
Deassignmentfrom public domain

The telecommunications basic network, by means of which the provision of universal service is made possible, is property which belongs to the private state domain and which may therefore be disposed of in favor of the provider of the universal service, in conditions that safeguard public interest.

Article 3
Disposal

Having taken place the disposal referred to in the preceding article, the rules provided under the amending agreement of the concession contract of the telecommunications public service, approved between the State and the operator in 1995, shall govern the general terms of the concession.

Approved on 10 October 2002.

The President of the Assembly of the Republic, João Bosco Mota Amaral.

Promulgated on 25 November 2002.

Let it be published.

The President of the Republic, JORGE SAMPAIO.

Counter-signed on 26 November 2002.

The Prime Minister, José Manuel Durão Barroso.