Ministério do Equipamento Social (Ministry of Social Equipment)
Decree-Law
Decree-Law no. 153/89, of May 10, approved the regulations of the Citizen Band - Personal Radio Service (SRP-CB), and established the legal regime for the licensing, homologation and use of SRP-CB radiocommunications equipment and stations.
The international harmonisation of the frequency band attributed to SRP-CB use has in the meantime been evaluated within the European Conference of Post and Telecommunications Administrations (CEPT), and technical standardisation of equipment has been determined by European standardisation organisations, specifically the European Telecommunications Standardisation Institute (ETSI), resulting in a recommendation that the existing Regulatory rules should be revised.
These recommendations removed the grounds for restricting the use of SRP-CB transmission stations, and requires a change in the requirements of the radio-electric licenses and the terms of prohibition of operation of amplitude modulation (AM) transmitters from December 31, 1999.
As a result of liberalisation of the use of this type of radio-electric communications, the responsibility for the correct and appropriate operation of SRP-CB transmission stations falls upon the respective users, only subject to simple registration in the Instituto das Comunicações de Portugal (ICP).
Thus: Under the terms of paragraph a) of point 1 of article 198 of the Portuguese Constitution, the Government decrees, as general law of the Republic, the following:
CHAPTER I
General Terms
Article 1
Object
The present diploma establishes the legal regime for the use of the Citizen Band - Personal Radio Service.
Article 2
Definitions
For the purposes of the present diploma the following definitions apply:
a. Citizen Band - Personal Radio Service - radiocommunications service for private use, intended for multilateral communications of an operational, recreational or professional nature by owners of low power radiocommunications stations, which operate exclusively in the collective frequencies of the band 26,960 MHz to 27,410 MHz;
b. Personal Radio Service radiocommunications station (hereinafter "CB station") - set of radio-electric equipment composed of a transmitter and receiver and the necessary accessories for establishing communications with other equivalent stations operating within the same collective frequencies;
c. CEPT - European Conference of Post and Telecommunications Administrations.
Article 3
Registration
1. Individual persons or corporate bodies which aim to use CB stations should register in the Instituto das Comunicações de Portugal (ICP).
2. For the purposes of the registration identified in the previous point, interested parties should include within their request, identification documents of the applicant.
3. Entities that are registered under the terms of the previous points are obliged to communicate to ICP any alteration in the elements contained within their registration, as well as cessation of their activity.
CHAPTER II
Conditions of use of CB stations
Article 4
Use of CB stations
Radio-electric licenses are not required for CB stations operating within frequency modulation (FM) and amplitude modulation (AM), which have demonstrated that they conform with applicable technical requirements, in accordance with the conformity evaluation procedures defined under prevailing legislation.
Article 5
Operation of CB stations
The frequency ranges, classes and transmission power which CB stations should observe are set by ICP and published as a notice in the 3rd series of the Diário da República.
Article 6
Participation of CB stations in emergency situations
A CB station user may, on request of the governing bodies of the National Service of Civil Protection (SNPC) with jurisdiction in the area where the CB station operates, use his station for the transmission of messages concerning the activities of the SNPC, in either experiments or tests and in declared emergency situations, as a complementary means of communications, provided that:
a) The use of the station is on a voluntary basis;
b) The communications are co-ordinated by the governing body of the SNPC with jurisdiction in the respective region.
Article 7
Responsibilities for installation of stations
1. The use of CB stations is fully responsible for any infringement committed in the use of his station and for all damages caused, either as a result of failure to fulfil technical safety conditions, or incorrect installation of the station.
2. In relation to insulation, protection against fire hazards and personal safety, the installation and use of CBN stations should comply with the terms of the prevailing Safety Regulations for Premises using Electrical Energy.
Article 8
Prohibitions
CB station users are prohibited from:
a. Using codes in their transmissions, except those approved by ICP;
b. Use frequency ranges, power levels or transmission classes, other than those authorised for the Citizen Band - Personal Radio Service;
c. Establish communications with stations of other radiocommunications services;
d. Use CB stations for purposes that violate the law;
e. Transmit messages to third parties or destine for third parties, even when received by accidental interception, except when the such transmission concerns human safety or other emergency situations;
f. Retransmit the transmissions of sound radiocommunications stations or other radiocommunications services;
g. Connect CB stations to public-use telecommunications services;
h. Intentionally interfere with the communications of other radiocommunications services or communications of other Citizen Band- Personal Radio Service stations;
i. Transmit false alarm signals.
Article 9
Radio-electric interferences
1. Whenever a CB station causes interference in the reception of radiocommunications services that operate in other frequency bands, ICP will decide upon the necessary actions required in order to eliminate the interference, after having verified that such interference is not caused by any operational failure in the station suffering from interference or in its installed equipment, including the respective antenna.
2. The CB station may not operate until the interference is resolved, either through the adoption of appropriate measures in the CB station or by the use of equipment which satisfies current technical requirements in the radiocommunications service suffering from interference.
3. In the case specified in the previous point, the operating hours of the CB station is set by ICP.
4. ICP may prohibit the operation of a CB station, in the event that the radiocommunications service suffering from interference operates on a permanent basis and that the interference is of such a nature that it makes it impossible for the service to be provided.
5. In the event that the interference may be eliminated by use of special measures, atypical in the equipment suffering from interference, the user of the CB station may arrange for the installation of these special measures, with permission of ICP, paying for the costs on his own account.
6. As soon as the interference caused by the CB station is eliminated, the user should communicate this fact to ICP, in order for an extraordinary inspection to be made.
Article 10
Free circulation
Free circulation and use of CB stations carried by foreign citizens is permitted during their temporary visits to Portuguese territory, provided that they display the sign established by ICP in a notice published in the 3rd series of the Diário da República or conform with the terms of reciprocity agreements signed for this purpose.
Article 11
Duties
1. CB station users are subject to payment of a duty, intended to cover the administrative, technical and operational costs related to management of the radio-electric spectrum and inspection of the installation conditions and operations of CB stations.
2. The duty specified in the previous point is to be paid in the act of user registration with ICP.
3. The amount of the duty specified in point 1 is set by a ministerial order of the member of government responsible for the area of communications, under the terms of point 1 of Article 9 of Decree-Law no. 207/92, of October 2, and represents a source of revenue for ICP.
4. Holders of CB station licenses issued during the period between 1969 and 1994 are exempted from payment of the duty specified in point 1.
5. Holders of CB station licenses issued during the period between 1995 and 1999 are conceded a cumulative 10% reduction for every six months charged, on the amount of duty to be paid under the terms of point 3.
CHAPTER III
Inspection and sanctions
Article 12
Inspection
1. ICP is responsible for examining compliance with the terms of the present diploma.
2. ICP may carry out an inspection of CB stations in order to confirm whether the installation and operations of the stations comply with regulatory requirements.
3. Measurements taken by ICP's fixed or mobile inspection centres, when duly registered and identified, constitute legal evidence for the setting of conditions of use of the radio-electric spectrum by CB stations.
Article 13
Fines
1. The following infringements constitute countermanding acts, liable to fines between 20 000$00 and 100 000$00:
a. The use of frequency ranges, power levels and transmission classes which differ from those authorised for the Citizen Band - Personal Radio Service;
b. The use of CB stations by entities that are not registered in ICP;
c. Refusal to grant access for officials responsible for radio-electric inspection to a site in which a CB station is installed;
d. Failure to comply with ICP's notifications for the elimination of radio-electric interference that affects other radiocommunications services;
e. The establishment of communications with stations of other radiocommunications services;
f. Connection of a CB station with public use telecommunications services;
g. Transmission of false alarm signals;
h. Intentional interference in the communications of other radiocommunications services;
i. The use of the CB station for purposes that violate the law.
2. The following infringements constitute countermanding acts, liable to fines between 10 000$00 and 80 000$00:
a. The use of codes in transmissions, other than those authorised by ICP;
b. Retransmission of transmissions of broadcasting stations or other radiocommunications services;
c. Transmission of messages of third parties or intended for third parties, even when received via accidental interception, except when such transmission concerns human safety or other emergency situations;
d. Transmission of false identification signals with the deliberate intention to cause prejudice to third parties.
3. Negligence is liable to punishment.
Article 14
Additional sanctions
In addition to the fines established in the previous article, the State may also expropriate the equipment used by the entity causing the infringement, in the cases specified in paragraphs b), h) and i) of point 1 of Article 13.
Article 15
Processing of countermanding measures
1. The initiation of countermanding measures is the responsibility of ICP's Board of Directors, with the respective ICP services responsible for the technical administration.
2. ICP's Chairman is responsible for deciding upon countermanding measures that have been initiated, applying the fines and additional sanctions and deciding upon the respective archiving of cases.
3. 60% of the amount of the fines paid is distributed to the State and the other 40% to ICP.
4. ICP may establish suitable notification of punishments for countermanding acts.
CHAPTER IV
Final and transitory terms
Article 16
Transitional regime
1. The validity period of CB station licenses, operating in AM or FM, whose equipment has been homologated in accordance with CEPT's T/R 20-02 recommendation, and issued under the terms of Decree-Law no. 153/89, of May 10 is extended until December 31, 2006.
2. CB stations operating in FM and constituted by equipment homologated in accordance with CEPT's T/R 20-02 recommendation may be issued licenses that are valid until December 31, 2006.
3. From the date on which the present diploma enters into force, new homologation certifications will not be issued for CB station equipment, in conformity with CEPT's T/R 20-02 recommendation.
Article 17
Revocatory norm
Decree-Law no. 153/89, of 10 May is amended.
Seen and approved in Council of Ministers of February 3, 2000 - António Manuel de Oliveira Guterres - Jorge Paulo Sacadura Almeida Coelho - Joaquim Augusto Nunes Pina Moura - António Luís Santos Costa. Enacted on March 14, 2000. Let this be published. President of the Republic, JORGE SAMPAIO. Counter-signed on March 16, 2000. Acting Prime-Minister, Jaime José Matos da Gama.
