Administrative Rule no. 859/94, of 23 of September

Published in the D.R. no. 221 (Series I-B), of 23 of September.

(Consult at the end of this page the Statement of Rectification no. 178/94, of 30 of September)

With the publication of Decree-Law no. 147/87, of March 24, with the wording which was conferred to it by Decree-Law no. 149/91, of April 12, the basic and guiding principles for the use of radioelectrical communications means were laid down.

This diploma foresees in its article 12 the exemption of a tutelar authorisation for the establishment, possession and use of certain categories of low power and short range radio communications equipment since duly approved.

Hence:
The Ministry of Civil Works, Transports and Communications, in the terms and under the provision of article 12 of Decree-Law no. 147/87, of March 24, decrees, on behalf of the Government, the following:

1. The establishment, possession and use of low power and short range radio communications equipment since duly approved whose categories are listed in the annex to the present administrative rule and which is an integral part of it.

2. Without prejudice to what is laid down in the preceding article, the low power and short range radio communications equipment to be used in the national territory, except those intended exclusively for simple reception, need an approval by means of a type or individual test.

3. The licensed low power and short range radio communications equipment before the coming into force of the present administrative rule and which are not in accordance with the conditions stipulated in its annex may only operate until July 31, 1997.

4. This administrative rule shall come into force immediately.

Annex

1 - Concepts and definitions

For pursuance purposes of this diploma, one understand as:

a. Radioelectrical waves - the electromagnetic waves whose frequency, by convention, is lower than 3,000 Ghz and which propagate in the space without an artificial waveguide;
b. Radiofinding - the finding of the position, speed or other characteristics of an object or the acquisition of data related with those parameters with the help of the propagation characteristics of radioelectrical waves;
c. Radionavigation - the application of radiofinding to the navigation, including the location of disturbing objects;
d. Radiolocation - the application of radiofinding for other ends except for radionavigation;
e. Industrial, scientific and medical uses (of the radioelectrical energy) (ISM) - the use of equipment or installations designed to produce or use, in a confined space, the radioelectrical energy for industrial, scientific, medical, home or similar uses, excluding any use of telecommunications;
f. ISM bands - the generic designation of the frequency bands reserved to industrial, scientific, medical uses (ISM);
g. Telemeasurement - the use of telecommunications to automatically indicate or record measurements made at a certain distance of the measuring instrument;
h. Telecommand - the use of telecommunications for signal transmissions intended to remotely start, modify or stop the operation of an apparatus;
i. Telealarm - the use of telecommunications for warning in a certain point of an undesirable situation or event;
j. Data transmission - the use of telecommunications for data transfer from one place to another;
k. Spectral spreading - a transmission technique where the signal occupies a bandwidth much larger than the necessary minimum to send the information;
l. Spectral spreading with frequency hopping - the spectral spreading technique where the information is sent in several channels in a pseudo random form;
m. Spectral spreading with direct sequence - the spectral spreading technique where the information is combined with a pseudo random code;
n. Equivalent isotropic radiated power (e.i.r.p.) - the product of the feed in power by the antenna gain in regards to an isotropic antenna in a given direction (isotropic or absolute gain);
o. Apparent radiated power (a.r.p.) in a given direction - the product of the feed in power by the antenna gain in regards to a half wave dipole in a given direction;
p. Interference - the effect caused over the reception, in a radiocommunications system, by an undesirable energy due to any emission, radiation or induction (or a combination of those emissions, radiation or induction) and which is shown by the degradation of the transmission quality, by the distortion or by the loss of information that could be acquired in the absence of that undesirable energy;

2 - Categories of operation

2.1 - Low power equipment of general use operating in the ISM bands

2.1.1 - Characterization of the equipment:
This equipment is characterized by:

a. Having a built in antenna
b. Being intended for private use;
c. Operating in a non interference base and with no protection against systems or services duly authorized;
d. Not needing frequency planning.

2.1.2 - Frequency bands and maximum power levels:

The frequency bands and the maximum levels of the power or equivalent field intensity for this operating category are depicted in the following table:

(*) The field intensity measurements shall be done at 30 m from the radio electrical emission source.

2.2 - Low power equipment for telecommand and telemeasurement operating in specific frequencies of the ISM bands

2.2.1 - Characterization of the equipment:
This equipment is characterized by:

a. Being only used for telecommand and telemeasurement;
b. Being intended for private use;
c. Operating in a non interference base and with no protection against systems or services duly authorized;

2.2.2 - Frequency and maximum power levels:

The carrier frequencies allotted for the operation of these equipment categories are the following:

26.995 MHz
27.045 MHz
27.095 MHz
27.145 MHz
27.195 MHz
40.665 MHz
40.695 MHz

The maximum permitted a.r.p. is 100 mW and its operation should be compatible with a channel spacing of 10 kHz.

2.3 - Low power equipment and narrow band for telecommand, telemeasurement, telealarm and data transmission outside the ISM bands

2.2.1 - Characterization of the equipment:
This equipment is characterized by:

a. Being only used for telecommand and telemeasurement, telealarm and data transmission in narrow band;
b. Being intended for private use;
c. Operating in a non interference base and with no protection against systems or services duly authorized;

2.2.2 - Frequency and maximum power levels:

The operating frequencies, the power maximum values and the channel spacing are those shown in the following table:

(*)These frequencies could be only used for this purpose as of January 1996

2.4 - Low power transmitting microphones

2.4.1 - Characterization of the equipment:

This equipment is characterized by:

a. Being intended for private use;
b. Operating in a non interference base and with no protection against systems or services duly authorized;

2.4.2 - Frequency and maximum values of transmitting power:
The center frequencies for the operation of this kind of equipment are the following:

34.500 MHz
34.750 MHz
27.095 MHz

The maximum permitted a.r.p. is 1 mW and the maximum bandwidth is 180 kHz.

2.5 - Low power radiolocation equipment for detection of movement and warning

2.5.1 - Characterization of the equipment:
This equipment is characterized by:

a. Being only used for the detection of movement and warning;
b. Being intended for private use;
c. Operating in a non interference base and with no protection against systems or services duly authorized;

2.5.2 - Frequency bands and maximum power levels:
The frequencies bands allotted for the operation of these equipment are the following:

9500 MHz - 9975 MHz; preferred frequency: 9520 MHz
13.4 GHz - 14.0 GHz ; preferred frequency: 13.5 GHz.

The maximum peak power is 25 mW e.i.r.p.

2.6 - Equipment for broad band data transmission systems using spectral spreading techniques

2.6.1 - Characterization of the equipment:
This equipment is characterized by:

a. Using spectral spreading;
b. Being intended for private use;
c. Operating in a non interference base and with no protection against systems or services duly authorized;
Having a minimum binary rate of 250 kbit/s.

2.6.2 - Frequency band and maximum power values:

The frequency band to be used should be from 2400 MHz to 2438.5 MHz and the admissible maximum total power should not exceed - 10 dBW e.i.r.p.. For the systems which use spectral spreading with direct sequence techniques, the peak value of the e.i.r.p. spectral density should be less than -20 dBW/MHz; for the spectral spreading with frequency hopping techniques, the peak value of the e.i.r.p. spectral density should over run -10 dBW measured in a 100 kHz band.

2.7 - Low power equipment for telecommand of airmodels

2.7.1 - Characterization of the equipment:
This equipment is characterized by:

a. Being only used for telecommand of airmodels;
b. Being intended for private use;
c. Operating in a non interference base and with no protection against systems or services duly authorized;

2.7.2 - Frequencies and maximum value of transmitting power:
The frequencies allotted for the operation of these equipment are the following:

35.010 MHz
35.020 MHz
35.030 MHz
35.040 MHz
35.050 MHz
35.060 MHz
35.070 MHz
35.080 MHz
35.090 MHz
35.100 MHz
35.110 MHz
35.120 MHz
35.130 MHz
35.140 MHz
35.150 MHz
35.160 MHz
35.170 MHz
35.180 MHz
35.190 MHz
35.200 MHz

The maximum permitted a.r.p. is 100 mW and its operation should be compatible with a channel spacing of 10 kHz.

Ministry of Civil Works, Transports and Communications. Signed on September 7, 1994 On behalf of Minister of Civil Works, Transports and Communications, Carlos Alberto Pereira da Silva Costa, Secretary of State for Housing.