Published in D.R. number 187 (Series I) of 25 September 2009

Ministério das Obras Públicas, Transportes e Comunicações (Ministry for Public Works, Transport and Communications)

Decree-Law

(This is not an official translation of the law)

In order to implement the strategic guidelines set out in Resolution of the Council of Ministers No. 120/2008 of 30 July for the development of and promotion of investment in next generation networks, Decree-Law No 123/2009 of 21 May establishes a set of obligations applicable to the State, to the Autonomous Regions, to local authorities, to public companies, to utilities and, more generally, to companies in possession of infrastructure encompassed by the public domain, with the aim of ensuring that electronic communications companies have access to infrastructure which is suitable for accommodating electronic communications networks.

The desire to make use of synergies, the principle of efficiency and the optimisation of resources give justification, in terms of access, for not limiting the obligations laid down in Decree-Law No 123/2009 of 21 May to undertakings of the public area mentioned above.

In this context, the government is authorized under Law No 32/2009 of 9 July to legislate on a number of issues which enable the obligations of access which are binding upon the undertakings of the public area to be extended to electronic communications companies and to undertakings in possession of infrastructure which is suitable for accommodating electronic communications networks for use by the companies of the sector in the exercise of their activities. Under Law No 32/2009 of 9 July, the Government is further authorised to modify the regime governing appeals of the acts of ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), established under the Law of Electronic Communications, approved by Law No 5/2004 of 10 February.

Meanwhile, considering the recent modification of the legal regime which established the professional qualification required for technicians responsible for the development and subscription of projects, resulting from the publication of Law No31/2009 of 3 July, given the interconnection of the issues and in light of the need to remedy the omission resulting from Decree-Law No 123/2009 of 21 May with respect to the conduct of the inspection and enforcement activities that were assigned to ICP-ANACOM, the opportunity of this present initiative is taken to provide ICP-ANACOM with the means which it requires to exercise the duties assigned to it by Decree-Law No 123/2009 of 21 May.

Therefore, in view of the fact that the declaration of conformity is a key document in the economy of the applicable legal regime, since it is through this declaration that the technicians involved in the project and in its installation affirm and attest that have complied with all applicable legal, regulatory and technical requirements, it is essential that ICP-ANACOM has access and knowledge of the declarations of conformity issued by the designers and technicians with respect to ITUR (Infrastructures for telecommunications in accommodating developments, urban settlements and concentrations of buildings) and ITED (telecommunications infrastructure in buildings).

By having knowledge of these declarations of conformity, in addition to their verification and control, ICP-ANACOM will be informed as to which ITUR and ITED installations are being performed throughout the country. The sending of the declarations of conformity to ICP-ANACOM, for which provision is now made, is essential for the performance of its inspection and enforcement activities and is fundamental in guaranteeing access and the quality of services.

Furthermore, it is stipulated installations may not be connected to the public network before the installer has issued a declaration of execution conformity with respect to the installation.

This regime is established and given clarification with the intention of achieving the fundamental value that should be pursued, namely, ensuring access to electronic communications services, with appropriate quality for end-users.

Finally, considering the inaccuracies contained in Decree-Law No 123/2009 of 21 May, this opportunity further serves to make minor adjustments to other articles, given the practical difficulty in applying the provisions thereof.

The self-government bodies of the Autonomous Regions were heard.

Accordingly:

Using the legislative authority conferred by article 1 of Law No 32/2009 of 9 July, and under the terms of points a) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following:

Article 1
Object

The present decree-law:

a) Establishes a regime of open access to infrastructure which is suitable for accommodating electronic communications networks, in possession of or operated by electronic communications companies or by the entities in possession of infrastructure which is suitable for accommodating electronic communications networks used by said undertaking, determining that such undertakings be subject to the regime set out in Decree-Law No 123/2009 of 21 May;

b) Amends the regimes governing the appeal of acts of ICP - Autoridade Nacional de Comunicações (ICP-ANACOM) set forth in the Law of Electronic Communications, approved by Law No 5 / 2004 of 10 February;

c) Amends articles 2, 37, 38, 41, 42, 43, 67, 69, 74, 76, 86 and 89 of Decree-Law No 123/2009 of 21 May, which now have the wording specified in article 4.

Article 2
Scope

1 - The rules set forth in Chapters II and III of Decree-Law No 123/2009 of 21 May, aimed at the entities referred to in Article 2 of the same Decree-Law shall apply mutatis mutandis to electronic communications companies as well as to the entities in possession of infrastructure which is suitable for accommodating electronic communications networks for use by said companies, except as set out in paragraph 3.

2 - The provisions of the present decree-law shall not prevail over the regime applicable to electronic communications networks and services set forth in the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, in particular the provisions which, by their force, apply to access to ducts, poles and other facilities and sites in the possession of the concessionaire of the public telecommunications service.

3 - The concessionaire of public telecommunications service shall not be subject to the rules governing access to ducts, masts and other equipment and facilities which are in the possession of the concessionaire pursuant to Chapter III of Decree-Law No 123/2009 of 21 May and shall remain subject to the Law of Electronic Communications, approved by Law No 5/2004 of 10 February.

Article 3
Amendment to the Law of Electronic Communications, approved by Law No 5/2004 of 10 February

Articles 13 and 116 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, amended by Decree-Law No 176/2007 of 8 May, by Law No 35/2008 of 28 June, and by Decree-Law No 123/2009 of 21 May, shall now read as follows:

«Article 13
[...]

1 - The decisions, orders or other measures adopted by the NRA in the scope of breach proceedings, resulting from the application of the regulatory framework on electronic communications, may be appealed before the commerce courts.

2 - Other acts performed by the NRA may be appealed before the administrative courts, pursuant to applicable legislation.

3 - Appeals against decisions of the NRA which, in respect of breach proceedings, determined the application of fines or additional sanctions shall have suspensive effect.

4 - Appeals against decisions, orders or other measures, including decisions to apply mandatory pecuniary penalties, adopted in respect of breach proceedings initiated by the NRA, shall have a mere devolutive effect.

5 - ...

6 - ...

7 - ...

8 - ...

9 - ...

10 - ...

11 - ...

12 - Decisions of the commerce courts which allow appeal, pursuant to the general regime of breaches, may be contested before the competent Court of Appeal.

13 - The Court of Appeal, under the powers provided for in the preceding paragraph, shall decide in the final instance and no further appeals may be made against its judgments.

Article 116
[...]

1 - ...

2 - ...

3 - The sanction referred to in the preceding paragraphs shall be determined according to criteria of reasonability and proportionality, having regard to the turnover of the offender in the preceding civil year, and with regard to the negative impact of the non-compliance on the market and on users, the daily amount of which sanction shall range from €2000 to €100000.

4 - ...

5 - ...

6 - Acts performed by the NRA pursuant to this article may be appealed to the commercial courts, when carried out in the scope of breach proceedings, and to the administrative courts in other cases.»

Article 4
Amendment to Decree-Law No 123/2009 of 21 May

Articles 2, 37, 38, 41, 42, 43, 67, 69, 74, 76, 86 and 89 of Decree-Law No 123/2009 of 21 May, shall now read as follows:

«Article 2

...

a) ...

b) ...

c) ...

d) Electronic communications companies and entities in possession of infrastructure which is suitable for accommodating electronic communications networks for use by said companies in the exercise of their activities, pursuant to article 2 of Decree-Law No 258/2009 of 25 September.

Article 37
[...]

1 - ...

a) Engineers or technical engineers registered in public associations of a professional nature which, under the law establishing the qualification required for technicians responsible for the development and subscription of projects, are deemed to be qualified for said purpose;

b) Legal persons employing at least one engineer or technical engineer who fulfils the requisites set out in the preceding point.

2 - ...

3 - ...

Article 38
[...]

...

a) ...

b) Provide the declaration referenced in article 36 to the developer and to ICP-ANACOM;

c) ...

Article 41
[...]

1 - ...

2 - ...

3 - It is incumbent upon the public professional associations to ensure that technicians who are registered with them, and who are qualified as ITUR technicians for the purposes of the present decree-law, update their knowledge, and such associations shall provide ICP-ANACOM with information on the technicians which they consider to be qualified as ITUR installers, under the terms set out in paragraph 2 of article 37, mutatis mutandis.

Article 42
[...]

1 – The technicians referred to in point b) of the preceding article must be previously registered with ICP-ANACOM to operate as ITUR installers.

2 - ...

3 - ...

4 - ...

Article 43
[...]

1 - ...

a) ...

b) ...

c) ...

d) To issue a declaration of execution conformity with respect to the installation, providing it to the developer, the owner or, in case of a concentrations of buildings, the respective management body and to ICP-ANACOM.

2 - ...

3 - ...

4 - ITUR infrastructure may not be connected to the public communications networks prior to the issue of the installation’s declaration of execution conformity.

Article 67
[...]

1 - ...

a) Engineers or technical engineers registered in public associations of a professional nature which, under the law establishing the qualification required for technicians responsible for the development and subscription of projects, are deemed to be qualified for said purpose;

b) Technicians of the electricity and energy and electronics and automation training areas, and technicians holding certificates of a technical-professional course, with modules on ITED, with the same duration in hours and contents as those provided for the qualifying training, and other telecommunications technicians who are registered with ICP-ANACOM as designers on the date on which the present decree-law enters into force;

c) Legal persons which employ at least one engineer or technical engineer who fulfils the requisites set out in point a).

2 - ...

3 - (Repealed)

4 - ...

5 - ...

Article 69
[...]

1 - It is incumbent on ITED designers to:

a) ...

b) make the declaration of conformity provided for in article 66 available to the developer and to ICP-ANACOM;

c) ...

2 - (Repealed)

Article 74
[...]

1 - ...

2- It is incumbent upon the public professional associations to ensure that technicians who are registered with them and who are qualified as ITED technicians for the purposes of the present decree-law update their knowledge, and such associations shall provide ICP-ANACOM with information on the technicians which they consider to be qualified as ITED installers, under the terms set out in paragraph 4 of article 67, mutatis mutandis. 

Article 76
[...]

1 - ...

a) ...

b) ...

c) ...

d) To issue a declaration of execution conformity for the installation, providing it to the developer, the owner or to the building management and to ICP-ANACOM.

2 - ...

3 - ...

4 - ITED infrastructure may not be connected to the public communications networks prior to the issue of the installation’s declaration of execution conformity.

Article 86
[...]

1 - ...

a) Registration with ICP-ANACOM of installers referred to in article 75, as well as the respective renewal and the registration renewal of technicians pursuant to paragraph 1 of article 68;

b) ...

2 - ...

3 - ...

Article 89
[...]

1 - ...

2 - ...

a) ...

b) ...

c) ...

d) ... 

e) ...

f) ...

g) ... 

h) ... 

i) ...

j) ... 

l) (Repealed)

m) (Repealed) 

n) ...

o) Non-compliance with obligations established in article 38;

p) (Repealed)

q) ...

r) ...

s) Failure of the installer to comply with the obligations set out in paragraph 1 of article 43 and failure of the sponsor, the owner, the administration of concentration of the buildings or the electronic communications company to comply with the obligations set out in paragraph 4 of article 43;

t) ...

u) ...

v) ... 

x) ...

z) ...

aa) ...

bb) ...

3 - ...

a) ...

b) ...

c) ...

d) ...

e) ...

f) ...

g) ...

h) ...

i) ...

j) ...

l) ...

m) ...

n) ...

o) Failure of the installer to comply with the obligations set out in paragraph 1 of article 76 and non-compliance by the developer or the electronic communications company with the provisions of paragraph 4 of article 76.

p) ...

q) ...

r) ...

s) ...

t) ...

u) ...

v) ...

4 - ...

5 - ...

6 - ...

7 - ...

8 - ...

9 - ...

10 - ...»

Article 5
Transitional provision

The electronic communications companies shall comply with the provisions of paragraph 2 of article 96 of Decree-Law No 123/2009 of 21 May no later than 30 days following the publication date of the present decree-law.

Article 6
Repeal

Paragraph 3 of article 67, paragraph 2 of article 69 and points l), m) and p) of paragraph 2 of article 89. all of Decree-Law No 123/2009 of 23 January are hereby repealed.

Article 7
Republication

Decree-Law No123/2009 of 21 May, with its current wording, is republished in annex to the present decree-law, forming an integral part thereof.

Article 8
Entry into force

The present decree-law shall enter into force on the day following its publication.

Seen and approved by the Council of Ministers of 30 July 2009. - José Sócrates Carvalho Pinto de Sousa - Alberto Bernardes Costa - Francisco Carlos da Graça Nunes Correia - Fernando Teixeira dos Santos - Mário Lino Soares Correia.

Promulgated on 9 September 2009.

Let it be published.

The President of the Republic, ANÍBAL CAVACO SILVA.

Counter-signed on 10 September 2009.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.

Annex

(referred to in Article 7)

Republication of Decree-Law No 123/2009 of 21 May

 
CHAPTER I
Object, principles and definitions

 
Article 1
Object

1 - This Decree-Law governs the regime that applies to the construction of infrastructures suitable for the accommodation of electronic communications networks, to the installation of electronic communications networks and the construction of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings.

2 - The provisions of this Decree-Law shall be without prejudice to the regime that applies to electronic communications networks and services provided for in the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, namely provisions that apply pursuant thereto to ducts, masts, other facilities and locations held by the concessionaire of the public telecommunications service.

3 - The regime provided for in chapter III herein does not apply to the concessionaire of the public telecommunications service which shall remain subject to the regime provided for in the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, as regards ducts, masts, other facilities and sites in its possession.

4 - The regime provided for in the present decree-law shall not apply to the privative networks of holders of sovereign power, of the Ministry for National Defence, or under their responsibility, nor shall it apply to the networks of the security, emergency and civil protection forces and services; nevertheless, if they so wish, these bodies may provide access to infrastructure in their possession which is suitable for the accommodation of electronic communications networks, pursuant hereto.

Article 2
Scope of application

The provisions set out Chapters II, III and IV apply:

a) To the State, the Autonomous Regions and to local authorities;

b) b) To all entities under the authority or supervision of bodies of the State, Autonomous Regions and local authorities, performing administrative tasks, regardless of their entrepreneurial nature, as well as to public companies and concessionaries, particularly those active in the field of infrastructure for roads, railways, ports, airports, water supply, sewerage, and transport and distribution of gas and electricity;

c) Other undertakings in possession of or operating infrastructure encompassed by the public domain of the State, Autonomous Regions and local authorities;

d) Electronic communications companies and entities in possession of infrastructure which is suitable for accommodating electronic communications networks for use by said companies in the exercise of their activities, pursuant to article 2 of Decree-Law No 258/2009 of 25 September.

Article 3
Definitions

1 - For the purposes hereof, the following definitions shall apply:

a) ''Access'' shall mean making available physical infrastructures including buildings, ducts, masts, inspection chambers, manholes, cabinets and facilities for the accommodation, installation and removal of electronic communications transmission systems, equipment and resources, as well as for the performance of corrective and unblocking interventions;

b) ''Building telecommunications cabinet'' shall mean a device of restricted access housing general distribution frames, which enable the interconnection between the network of the building and those of the electronic communications companies, or those of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings (ITUR);

c) ''Concentration of buildings'' shall mean a group of contiguous buildings which are functionally linked to one another by communal areas intended for the use of all or some of the units or dwellings thereof, regardless of whether these are constituted as horizontal property;

d) ''Duct'' shall mean a pipe or a set of pipes, usually underground, or placed along communication routes, which support, accommodate and protect other electronic communications pipes (sub ducts) or cables;

e) ''Right of way'' shall mean the ability to access and use property of the public domain, for the purposes of constructing, installing, altering and repairing infrastructures suitable for the accommodation of electronic communications networks, or to repair cables, systems, equipment or any other resources  or elements of electronic communications networks;

f) ''Electronic communications company'' shall mean an undertaking which, pursuant to the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, provides publicly available electronic communications networks or services;

g) ''Dwelling'' shall mean a fraction of a building which is an independent unit, whether or not the building is constituted as horizontal property;

h) ''Infrastructures suitable for the accommodation of electronic communications networks'' shall mean piping networks, masts, ducts, inspection chambers, manholes, cabinets or buildings, respective accessories and any associated infrastructures which can be used to accommodate or preserve electronic communications cables, equipment or any communications network resources, as well as bypass devices, joints or other equipment necessary for the transmission of electronic communications over those networks;

i) ''Installer'' shall mean a natural person or legal body qualified to set up and alter telecommunications infrastructures, according to designs, as well as to carry out maintenance work on such infrastructure in housing developments, urban settlements and concentrations of buildings, under the terms of the present decree-law;

j) ''Technical instruction'' shall mean the set of rules and procedures provided for in Chapters II and III hereof, concerning the drawing up of designs and the installation of infrastructure suitable for the accommodation of electronic communications networks or the installation of networks in existing infrastructure, established by the body responsible for their administration and management;

l) ''ITED manual'' shall mean the set of technical planning, installation and testing standards, as well as the technical specifications governing the materials, devices and equipment which comprise infrastructure for telecommunications in buildings (ITED), to be approved by ICP-ANACOM;

m) ''ITUR manual'' shall mean the set of technical planning, installation and testing standards, as well as the technical specifications governing the materials, devices and equipment which comprise infrastructure for telecommunications in buildings (ITED), to be approved by ICP-ANACOM;

n) ''Works'' shall mean the construction, reconstruction, alteration, repair, conservation, restoration, adaptation and improvement of buildings and infrastructure covered by this Decree-Law;

o) ''Designer'' shall mean a natural or legal person qualified to prepare designs for the installation and modification of infrastructure for telecommunications in housing developments, urban settlements and concentrations of buildings, under the terms of the present decree-law;

p) ''Simplified technical design'' shall mean an ITED technical design which only concerns the technology which is intended to be installed;

q) ''Electronic communications networks'' shall mean transmission systems and, where applicable, switching or routing equipment and other resources which enable the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;

r) ''Piping network or piping'' shall mean the set of tubes, guttering, busways, inspection chambers and cabinets, intended for the accommodation of cables, devices and equipment;

s) ''Public electronic communications network'' shall mean an electronic communications network used wholly or mainly for the provision of publicly available electronic communications services;

t) ''Remuneration for access'' shall mean the amount payable by publicly available electronic communications companies for the use of infrastructure which is suitable for the accommodation of electronic communications networks, for the purposes of installing, accommodating, repairing and removing cables;

u) ''Building general distribution frame'' shall mean a device as defined in the Subscriber Telephone Infrastructure Regulation, approved by Regulatory Decree No 25/87, of 8 April, which has similar functions to those of the building telecommunications cabinet;

v) ''Type A cabling systems'' shall mean cabling systems, including antennas, for the reception and distribution of radio or television terrestrial signals;

x) ''Centralised information system (SIC - Sistema de informação centralizado)'' shall mean a system that ensures the provision of information on electronic communications infrastructures, pursuant to article 24;

2 – For the purpose of point h) of the preceding paragraph, associated infrastructures shall include access routes to buildings and other infrastructure required for the installation, removal, maintenance or repair of electronic communications cables in ducts and subducts.

Article 4
General principles

1 - The regime set forth herein shall be subject to the principles of competition, open access, equality, non-discrimination, efficiency,  transparency, technological neutrality and absence of cross-subsidisation between sectors.

2 - In the scope of the enforcement hereof, and as regards matters of common interest, ICP-ANACOM shall cooperate, where appropriate, with the relevant authorities and services, in particular sector regulatory bodies.

CHAPTER II
Construction and extension of infrastructures suitable for the accommodation of electronic communications networks

 
Article 5
Expropriations, easements and rights of way of electronic communications companies

1 - Within the scope of the present decree-law, the rights established by points a) and b) of paragraph 1 of article 24 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, shall be guaranteed to electronic communications companies.

2 - The provisions of paragraphs 5 and 6 of article 24 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, shall apply to the allocation of rights referred to in the preceding paragraph, under the terms of the said law.

3 - Rights of way, provided for in paragraph 1, shall be allocated by means of a license, pursuant to the following article and to the legal regime to which property under public domain is subject.

Article 6
Procedures for the allocation to electronic communications companies of rights of way in the public domain

1 - It is incumbent on the bodies referred to in article 2 to establish regulations laying down the procedures for the allocation of rights of way in the public domain, as provided for in the preceding article, where applicable, including the technical instructions referred to in article 11, which must comply with the principles set out in paragraphs 3 and 4 of article 24 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February.

2 - The procedures for the allocation of rights of way in the public domain under the management of the bodies referred to in article 2, to be established pursuant to paragraphs 3 and 4 of article 24 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, shall comprise:

a) Particulars to be attached to the application for the construction and installation of infrastructure, as well as the body to whom such application must be addressed;

b) Provisions on the reservation of space in ducts and other infrastructure for administration and use by the body managing the domain property or the body appointed by it, where applicable;

c) Obligations to repair infrastructure that is damaged as a result of interventions performed for the purpose of installing and/or repairing pipes, cables, ducts, manholes, masts, equipment and other resources;

d) Securities or other guarantees that the site where infrastructure is installed shall be restored to its normal conditions of use;

e) Procedures for unblocking infrastructures;

f) Rules on the prior notice to be given to gain support for intervention from other electronic communications companies wishing to install infrastructures in support of  their networks systems and equipment.

3 - The entities responsible for the establishment of procedures for the allocation of rights of way must ensure that they are made available in the SIC referred to in chapter IV.

4 - The procedures for the allocation of rights of way to be established by concessionaries provided for in point b) of article 2, as regards property of the public domain under their management, require prior approval by the conceding body, which must be given no later than 20 days following the reception thereof.

5 - In the event that the deadline referred to in the preceding paragraph expires before a decision has been taken, the respective procedures shall be deemed approved.

6 - The procedure for the allocation of rights of way with respect to property of the municipal public domain shall comprise the components referred to in this article, in addition to the prior notification provided for in the following article, whereas, in the event that said notification is not rejected, the right of way is deemed to have been allocated.

Article 7
Prior verification procedure with respect to infrastructure suitable for the accommodation of electronic communications networks

1 - Without prejudice to the preceding article, the construction by electronic communications companies of infrastructure suitable for the accommodation of electronic communications networks, which does not involve housing developments, urban settlements and concentrations of buildings, shall be governed by this statutory instrument, as well as by the prior notification procedure provided for in articles 35, 36 and 36-A of the legal regime governing urban building and development, approved by Decree-Law No 555/99 of 16 December, duly adapted and with the following exceptions:

a) The installation and functioning of infrastructure subject to municipal authorization pursuant to Decree-Law No 11/2003 of 18 January;

b) Works required to avoid situations that may pose a risk to public health and safety, as well as works required to repair faults or to perform unblocking.

2 - In the situations referred to in point b) of the preceding article, the company must communicate to the municipal council, on the following working day, the need for works, using the means of communication deemed most suitable.

3 - No later than 20 days following reception of the prior notification referred to in paragraph 1, the municipal council, in writing and in a substantiated manner, may:

a) Order the referred companies to postpone the installation and operation of infrastructures for a maximum period of 30 days, in the event that, in order to plan and execute works, it intends to make the intervention subject to the obligation to give notification so that other companies may also express their intention to join the intervention;

b) To reject the application to execute works where there is existing infrastructures suitable for the accommodation of electronic communications networks and belonging to the public domain, with available capacity to satisfy the requirements of the applicant company.

4 - Where the municipal council determines the obligation referred to in point a) of the preceding article, it is entitled to establish, in the notification referred to therein, a temporary ban on the execution of works for the installation of infrastructures suitable for the accommodation of electronic communications networks in the covered area, for a period not exceeding one year.

5 - The ban referred to in the preceding paragraph may also be determined by the municipal council in situations of execution of works provided for in article 9.

6 - Municipal councils must ensure that the determinations issued under paragraph 3 are available in the SIC.

7 - The particulars to be attached to the prior notification provided for in paragraph 1 shall be set out in an Administrative Rule to be published pursuant to paragraph 4 of article 9 of the legal regime governing urban building and development, approved by Decree-Law No 555/99 of 16 December.

Article 8
Obligations of electronic communications companies towards municipal councils

When executing works in the municipal public domain, electronic communications companies are bound to:

a) Replace pavements, green areas and public areas, where applicable;

b) Repair infrastructures that suffered damage from the intervention.

Article 9
Publicizing the execution of works for the construction or the extension of infrastructure suitable for the accommodation of electronic communications networks

1 - Except in the situations provided for in Chapter V, in the event that the entities referred to in article 2 plan to execute works to effect  the construction or extension of infrastructure suitable for the accommodation of electronic communications networks,  said entities shall make this intention public, in order that electronic communications companies may join the planned works.

2 - Electronic communications companies may join the planned works, either on their own or jointly with others, with the purpose of constructing or extending infrastructure suitable for the accommodation of electronic communications networks.

3 - The notice of execution of works provided for in paragraph 1 shall be made available in the SIC by the respective developers no less than 20 days prior to the date on which the execution of works is due to begin, in accordance with paragraph 1 b) of article 25.

4 - For the purposes of the present article, developers must disclose in the SIC the characteristics of the intervention, the time limit for its execution, charges and other conditions to be observed, as well as the deadline for joining the works to be executed, the contact point for obtaining clarifications and any provisions precluding future interventions in the area concerned by the notification.

5 - The deadline for joining the works to be executed, referred to in the preceding paragraph, shall not be less than 15 days from the date of the notice referred to in paragraph 1.

6 - Electronic communications companies wishing to join the notified intervention shall apply to the developer of the intervention to join the works, within the deadline referred to in the preceding paragraph.

7 - In cases where, to ensure compliance with public service obligations, the deadline to execute the works is not compatible with the deadlines specified in the preceding paragraphs, the entities referred to in article 2 may reduce periods of notice and the period allowed for the collection of expressions of interest, ensuring that, subsequent to the conclusion of the  intervention, it is publicized for the purpose of subsequent access by electronic communications companies.

8 - Publicizing the execution of works as provided for in the present article does not relieve developers of their access obligations set out in Chapter III.

Article 10
Costs associated with the construction or extension of infrastructure suitable for the accommodation of electronic communications networks

1 - Electronic communications companies shall bear their share of the cost of investment in the works, which corresponds to the difference in the cost of investment resulting from its association thereto.

2 - The provision of the preceding paragraph shall be without prejudice to the right of access to the infrastructure, pursuant hereto, and remuneration for this access shall take into due account the amounts already incurred by the electronic communications company with the investment in the works.

Article 11
Technical instructions that apply to the construction or extension of infrastructure suitable for the accommodation of electronic communications networks

1 - It is incumbent upon the bodies referred to in article 2, where deemed justified, to set out and update the technical instructions that shall apply to the construction or extension of infrastructure suitable for the accommodation of electronic communications networks, which instructions must be made available in the SIC.

2 - The technical instructions must take into consideration the specificities of the infrastructure to which they refer and promote the most appropriate technical and safety solutions to install, repair, maintain, remove and interconnect network equipment and systems, ensuring compliance with the principles established in article 4.

3 - ICP-ANACOM may issue guidelines applicable to the definition of technical instructions provided for in the preceding paragraph, as deemed appropriate.

Article 12
Fees due for using and exploiting the public and private domain

1 - A municipal fee for rights of way is due, pursuant to article 106 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, for the use and exploitation, by providers of publicly available electronic communications networks and services, of property of the municipal public and private domain, involving the construction or installation of infrastructure suitable for the accommodation of electronic communications networks, whereas the collection of any other fees, charges or remunerations for such use or exploitation is prohibited.

2 - Local authorities may choose not to charge the fee mentioned in the preceding paragraph, subject to compliance with the principles of equality and non-discrimination, in order to promote the development of electronic communications networks, in which case the application and collection of any other replacement of complementary fees, charges or remunerations is prohibited.

3 The use of the public and private domain of the State and Autonomous Regions remains subject to the provisions of Paragraph 4 of article 106 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February.

CHAPTER III
Access to infrastructure suitable for the accommodation of electronic communications networks

 
Article 13
Right of access to infrastructure suitable for the accommodation of electronic communications networks

1 - The entities referred to in article 2 are required to ensure that electronic communications companies have access to the infrastructure suitable for the accommodation of electronic communications networks which is in their possession or under their management.

2 - The access referred to in the preceding paragraph must be ensured according to equal, transparent and non-discriminatory conditions and subject to remuneration conditions which are orientated to cost, pursuant to article 19.

3 - Procedures for obtaining the right of access must be rapid, transparent and appropriately publicised, and may not last longer than 20 days after effective reception of applications for access, pursuant to paragraph 2 of article 20.

4 - In respect of the use of infrastructure suitable for the accommodation of electronic communications networks that belong to the public or private domain of local authorities, the fee provided for in article 106 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, shall be due, and in this case the collection of any other fee, charge or remuneration is prohibited.

5 - Article 19 of the present decree-law does not apply to the situations referred to in the preceding paragraph.

Article 14
Prohibition of exclusive use of infrastructure suitable for the accommodation of electronic communications networks

1 - All contractual clauses that provide for an exclusive occupation of infrastructure suitable for the accommodation of electronic communications networks by an electronic communications company, or by one of the entities referred to in article 2, or by both, shall be deemed to be null and void.

2 - The provision in the preceding paragraph shall be without prejudice to the reservation by the entities referred to in article 2 of space for their own present and future use in infrastructure suitable for the accommodation of electronic communications networks, provided that this reservation is duly substantiated.

Article 15
Refusal of access to infrastructure suitable for the accommodation of electronic communications networks

The entities referred to in article 2 may only refuse access to infrastructure suitable for the accommodation of electronic communications networks, which they hold or manage, in a duly substantiated manner, in the following situations:

a) Where the accommodation of electronic communications networks in infrastructure under consideration is not technically feasible;

b) Where the use of infrastructure by electronic communications companies renders them ineffective with respect to the main purpose for which they were established, where it puts the safety of people or property at risk, where it implies a serious risk of infringement by the entities referred to in article 2 of legal, regulatory or technical rules regarding obligations of public service which the respective service provision must fulfil;

c) Where there is a lack of available space as a result of the state of occupation or as a result of the need to ensure space for own use, under paragraph 2 of the preceding paragraph, or for the purpose of performing maintenance or repair.

Article 16
Procedures in cases where access to infrastructure suitable for the accommodation of electronic communications networks is refused

1 - Where, in a specific situation, an entity referred to in article 2 refuses access to infrastructure, any of the involved parties may apply to ICP-ANACOM for a binding decision on the matter.

2 - The application referred to in the preceding paragraph shall identify infrastructure to be verified, its route and main areas affected, as well as other details deemed to be relevant for the assessment of the possibility of using the infrastructure under consideration to accommodate electronic communications networks.

3 - It is incumbent upon ICP-ANACOM to decide on the possibility of accommodating electronic communications networks in such infrastructure, hearing for this purpose the entity in possession of the infrastructure and the respective sector regulator, where appropriate, as well as the applicant, where the application is made by a third party.

4 - For the purpose of the preceding paragraph, the sector regulator shall assess the matter within a non extendible period of not more than 15 days, following which period, in the event that no opinion is issued, the opinion shall be deemed as favourable.

5 - Where the decision of ICP-ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulator, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

6 - The procedure provided for in the preceding paragraphs shall be subject, with due adaptation, to the dispute settlement regime provided for in article 10 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February.

7 - The entities referred to in article 2 may also request the intervention of ICP-ANACOM prior to refusing access, where they are uncertain as to whether there are any applicable grounds for refusal provided for in article 15.

Article 17
General obligations of holders of infrastructure suitable for the accommodation of electronic communications networks

a) To provide ICP-ANACOM with information on infrastructure suitable for the accommodation of electronic communications networks which is in their possession or under their management;

b) To draw up a record with geo-referenced information on infrastructure suitable for the accommodation of electronic communications networks, pursuant to Chapter IV;

c) To daw up and to publicize the procedures and conditions for access to and use of said infrastructure, pursuant to articles 18, 19 and 21;

d) To respond to applications for access to said infrastructure, pursuant to article 20;

e) To respond to enquiries on the respective infrastructure, pursuant to paragraph 4 of article 24.

Article 18
Procedures and conditions for access to and use of infrastructure suitable for the accommodation of electronic communications networks

1 - Bodies subject to a duty of access must formulate rules, making these available in the SIC, with respect to procedures and conditions governing access to and use of infrastructure, which must include, inter alia, the following:

a) The entity to whom applications for access and use must be addressed, for the purpose of installing, maintaining and repairing electronic communications networks to be accommodated in such infrastructure, as well as the offices or contact points to which applicants should apply;

b) Items which must be attached to the application;

c) The time periods governing rights of access and use, procedures and conditions for renewal of such rights;

d) Applicable standard contractual conditions, forms and description of elements and data which should be contained in the file;

e) Applicable conditions of remuneration for access to and use of infrastructure;

f) Technical instructions for the use of infrastructure;

g) Penalties for non-compliance or misuse of infrastructure;

h) Other requirements to which the allocation of the right of use is subject.

2 - Procedures and conditions for access and use, which shall be established by the concessionary entities referred to in article 2 b), require the prior approval of the conceding body, which must be provided  not later than 20 days following the reception thereof.

3 - Where the deadline referred to in the preceding paragraph expires before a decision has been reached, the respective procedures and conditions shall be deemed to be approved.

Article 19
Remuneration for access to infrastructure suitable for the accommodation of electronic communications networks

1 - The remuneration for the access to and use of infrastructure in the possession of the entities referred to in article 2 must be orientated to cost, taking into account the costs incurred through construction, maintenance, repair and improvement of such infrastructure.

2 - The preceding paragraph does not apply to the remuneration for access to and use of public ITUR, which is governed by article 34.

3 - At the request of electronic communications companies, or of any of the entities referred to in article 2, ICP-ANACOM shall assess and decide, in a particular case, whether the amount requested is appropriate in the light of the preceding paragraph, pursuant to article 10 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February.

4 - For the purposes of the preceding paragraph, the entity managing the infrastructure shall demonstrate to ICP-ANACOM that the requested amount is appropriate, and shall provide all other elements requested by the Authority to examine the matter.

5 - In the situations referred to in paragraph 3, where access to infrastructure in the possession of an entity subject to regulation is at stake, ICP-ANACOM shall consult the respective sector regulator, which shall assess the matter within a non extendible period of not more than 15 days, whereas failure to provide an opinion within this time limit shall constitute approval.

6 - Where the decision of ICP-ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulator, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

Article 20
Applications for access to infrastructure suitable for the accommodation of electronic communications networks

1 - Electronic communications companies that wish to install their networks in infrastructure suitable for the accommodation of electronic communications networks, in the possession of or under the management of the entities referred to in article 2, must apply for access to the entity responsible for the administration of such infrastructure.

2 - Any application for access for the use of infrastructure referred to in the preceding paragraph shall be assessed and responded to within not more than 20 days from the effective reception by the entity responsible for the administration and management of such infrastructure, whereas  failure to provide an opinion within this time limit shall be deemed as constituting acceptance.

3 - Where the application for access is granted, the electronic communications companies is bound to conclude the installation of systems and equipment within four months, otherwise the respective right of access expires.

Article 21
Technical instructions for the installation of infrastructure suitable for the accommodation of electronic communications networks

1 - The entities referred to in article 2 may draw up and publicize technical instructions for the installation of equipment and systems of electronic communications networks in infrastructure in their possession or under their management.

2 - The drafting of technical instructions shall take into consideration the specificities of the infrastructure they to which they refer and shall promote the most appropriate technical and safety solutions with respect to the installation, repair, maintenance, dismantling and interconnection of equipment and systems of electronic communications networks.

3 - ICP-ANACOM may issue guidelines applicable to the definition of technical instructions provided for in the preceding paragraph as deemed appropriate.

Article 22
Use of infrastructure suitable for the accommodation of electronic communications networks

1 - Electronic communications companies are required to use infrastructure engaged in the accommodation of systems, equipment and other resources of electronic communications networks in an effective and efficient manner.

2 - Without prejudice to established contractual conditions, electronic communications companies may replace systems, equipment and other resources accommodated in infrastructure mentioned in the preceding paragraph with others that are technologically more advanced and more efficient, insofar as this replacement does not entail an increase in occupied capacity.

3 - Electronic communications companies shall remove cables, equipment and any other resources belonging to their networks which are not actually in use and which are not expected to be used during the course of the following year, bearing the respective costs, where the infrastructure concerned is needed by the entity that is in possession of or manages the referred infrastructure or in order to accommodate the network components of other electronic communications companies which shown interest in such accommodation.

4 - Where electronic communications companies fail to remove network elements in accordance with the preceding paragraph, the entity managing the infrastructure, or with the consent of said entity, the interested electronic communications company may remove the respective components, within 30 days from the date on which the removal was requested, bearing the costs of this intervention, without prejudice to the liability of the company responsible for such removal.

5- Without prejudice to the right of appeal to the courts, ICP–ANACOM may settle conflicts arising from the application of the rules set forth herein by binding decision, where such conflicts are submitted to it by electronic communications companies or by entities in possession of infrastructure.

6 - The settlement of conflicts referred to in the preceding paragraph shall be governed by the dispute settlement procedure set forth in article 10 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, duly adapted.

7 - Where the access to infrastructure in the possession of an entity subject to regulation is at issue, the decision referred to in paragraph 5 shall be preceded by an opinion of the respective sector regulator, which shall assess the matter within a non extendible period of not more than 15 days, whereas failure to provide an opinion within this time limit shall be deemed as constituting approval.

8 - Where the decision of ICP-ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulator, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

Article 23
Co-location and resource sharing by electronic communications companies

1 - Electronic communications companies must promote the conclusion of agreements on co-location and sharing of resources which have already been installed or which are due to be installed, pursuant to article 25 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February.

2 - Agreements between electronic communications companies on the sharing of ducts, masts, manholes, locations and resources, which have already been installed or which are due to be installed, shall be communicated to ICP-ANACOM within 10 days of their conclusion.

3 - Where, as a consequence of the state of occupation of infrastructure already installed, no additional network equipment or resources may be accommodated therein, and where for reasons related to environment protection, public health or safety, cultural heritage, territorial planning and preservation of the urban landscape or countryside, the installation of new infrastructure is not a viable alternative, ICP-ANACOM may determine the sharing of resources where this is technically feasible and does not harm the operation of existing resources, pursuant to paragraph 2 of article 25 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February.

4 - ICP-ANACOM decisions referred to in the preceding paragraph may apply to any of the entities referred to in article 2, as well as electronic communications companies already set up in those infrastructure.

5 - Determinations issued under paragraph 3 may include rules on the sharing of costs.

6 - Where infrastructure is shared, ICP-ANACOM may adopt measures that constrain the functioning of resources to be installed, namely placing a limitation on maximum transmission power levels.

CHAPTER IV
Centralized information system (SIC)

 
Article 24
Duty to draw up and to maintain a record

1 - The entities referred to in article 2 who are in possession of infrastructure suitable for the accommodation of electronic communications networks, electronic communications companies, as well as holders of infrastructure suitable for the accommodation of electronic communications networks that are used by the latter, shall draw up, keep and permanently update a record with descriptive and geo-referenced information of infrastructure suitable for the accommodation of electronic communications networks, namely ducts, inspection chambers, manholes and associated infrastructure.

2 - Records referred to in the preceding paragraph shall include as a minimum, in accordance with the procedures to be laid down by ICP–ANACOM, the following elements:

a) Location, geo-reference, layout and main resources allocated;

b) Most relevant technical characteristics, including size, type of infrastructure and type of use.

3 - The entities referred in paragraph 1 shall draw up and make available in the SIC the information referred to in the preceding paragraph in accordance with the procedures and in the format to be stipulated by ICP–ANACOM.

4 - The entities referred to in article 2 shall:

a) Respond in a timely and non-discriminatory manner, within no more than 10 days, to enquiries made by interested electronic communications companies, indicating contact particulars for the purpose;

b) Supply interested electronic communications companies with information providing clarification, namely accurate indications with respect to the location and available capacity in existing infrastructure, where requested, within no more than 10 days.

5 - Where it is not certain whether the infrastructure is able to accommodate electronic communications networks, it is incumbent upon ICP-ANACOM, at the request of the entities referred to in paragraph 1, to decide on its inclusion in the record, taking into account reasons submitted by such entities and the utility of infrastructure under consideration within the context of the development of electronic communications access networks, namely the connection of end users to core networks.

6 - The existence of non-recorded infrastructure shall be without prejudice to the right of access thereto under the law.

7 - Where access to infrastructure held by a entity subject to regulation is at issue, the decision referred to in paragraph 5 shall be preceded by an opinion of the respective sector regulator, which shall assess the matter within a non extendible period of not more than 15, whereas failure to provide an opinion within this time limit shall be deemed as constituting acceptance.

8 - Where the decision of ICP-ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

Article 25
Information available in the SIC

1 – It is incumbent upon ICP-ANACOM to design, manage, and maintain the SIC, and to make it accessible and available, ensuring the provision of the following information:

a) Procedures and conditions on which the allocation of rights of way provided for in article 6 depends;

b) Announcements on the construction of infrastructure suitable for the accommodation of electronic communications networks, in accordance with paragraph 6 of article 7 and with article 9;

c) Records, with geo-referenced, comprehensive and integrated information of all infrastructure suitable for the accommodation of electronic communications networks in the possession of the entities referred to in paragraph 1 of article 24, including public ITUR referred to in article 31;

d) Procedures and conditions that apply to the access to and use of each infrastructure component referred to in the preceding point.

2 - The entities referred to in paragraph 1 of article 24 shall permanently update the information provided for in the preceding paragraphs and shall provide ICP-ANACOM, where requested, with all clarifications and elements necessary for its inclusion in the SIC.

3 - Information provided in the SIC is binding on bodies that drew it up and made it available.

4 - It is incumbent upon ICP–ANACOM, after conducting the consultation procedure pursuant to article 8 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, to define the format under which the SIC elements are made available.

5 - The SIC must provide for interconnection with systems of provision of information on infrastructure to which electronic communications companies are bound under the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, and under measures taken by ICP-ANACOM pursuant thereto, in order to avoid duplication of procedures on conveyance of information on infrastructure that apply to companies.

Article 26
Access to the SIC

1 - The SIC is based on a principle of sharing and reciprocity of information, and it may be accessed by all bodies that comply with the obligations governing the inclusion of information therein, in accordance herewith.

2 - The information in the SIC is provided through a private electronic network, which may be remotely accessed by electronic communications companies as well as by sector regulators which, complying with conditions set out in the preceding paragraph, where appropriate, obtain access credentials from ICP-ANACOM, without prejudice to Law No 46/2007 of 24 August.

3 - It is incumbent on Gabinete Nacional de Segurança (National Security Office) to provide an opinion, based on grounds presented by bodies managing infrastructure included in the SIC, on which information should be deemed as confidential or reserved, ICP-ANACOM being then responsible for deciding which classification is to be given to the referred information, having heard the entity managing the infrastructure and CADA - Comissão de Acesso aos Documentos Administrativos (Commission of Access to Administrative Documents).

4 - Any direct or indirect remuneration for the reuse of documents or information provided by the SIC is prohibited.

CHAPTER V
Infrastructure for telecommunications in housing developments, urban settlements and concentrations of buildings (ITUR)

 
SECTION I
General provisions on ITUR

 
Article 27
Object of Chapter V

This chapter establishes the regime governing ITUR installation and respective connections to public electronic communications networks, as well as the regime governing the assessment of conformity of equipment, materials and infrastructure.

Article 28
Composition of ITUR

ITUR consist of:

a) Spaces for the installation of piping, cables, inspection chambers and manholes, cabinets for building distribution frames and for the set up of equipment and other devices;

b) Piping network or piping for the set up of cables, equipment and other devices, namely including telecommunications cabinets, inspection chambers and manholes;

c) Cabling, namely copper pair, coaxial cable and fibre optic cabling, for connection to public communications networks;

d) Type A cabling systems;

e) Electrical installations supporting equipment and ground systems;

f) Cabling systems for the exclusive use of housing developments, urban settlements and concentrations of buildings, namely domotics, door videophones, and security systems.

Article 29
Mandatory infrastructure in housing developments, urban settlements and concentrations of buildings

1 - According to provisions in this chapter and in the ITUR manual, the following infrastructure must be set up in housing developments and urban settlements:

a) Space for the installation of piping, cables, equipment and other devices, namely including telecommunications cabinets, inspection chambers and manholes;

b) Piping network or piping for the installation of cables, equipment and other devices.

2 - As regards concentrations of buildings, in addition to the infrastructure referred to in the preceding paragraph, copper pair, coaxial cable and fibre optic cabling for connection to public electronic communications networks, as well as electrical installations supporting equipment and ground systems, must also be installed.

3 - The design, installation and use of telecommunications infrastructure must ensure the secrecy of communications and the security and non-interference of cabling infrastructure.

4 - Compliance with obligations provided for herein is incumbent on the urban operation developer.

Article 30
General principles on ITUR

1 - The use of ITUR where already installed is mandatory where such ITUR is able to support services to be provided and technologies to be made available.

2 - The occupation of spaces and piping must be sized by the designer to meet communication needs and according to the expected number of users of the housing development, urban settlement or concentration of buildings, with a view also to enable the use thereof by more than one operator.

3 - Spaces and piping shall not be occupied by resources deemed to be unjustified, taking into account services to be provided and technologies to be made available.

4 - Compliance with the preceding paragraph is incumbent on the urban operation developer, the installer, the electronic communications company or, where appropriate, the management body or owner of the concentration of buildings.

SECTION II
ITUR ownership, management and access

 
Article 31
Ownership, management and preservation of public ITUR

1 - The ITUR referred to in paragraph 1 of article 29 constitutes part of the municipal domain, their management and preservation being incumbent on the respective municipal councils, according to rules set out herein.

2 - For the purpose of the preceding paragraph, the owner and other holders of rights over the building subject to the urban operation must transfer the ITUR installed therein, free of charge, to the municipal council, pursuant to article 44 of the urban building and development legal regime, approved by Decree-Law No 555/99 of 16 December.

3 - For the purpose of the preceding paragraph, the applicant must indicate ITUR in the plan attached to the licensing application or prior notification.

4 - ITUR transferred to the municipal council is included in the municipal domain by means of an autonomous document drafted by the private notary of the municipal council within the time limit provided for in paragraph 1 of article 36 of the urban building and development legal regime, approved by Decree-Law No 555/99 of 16 December.

5 - Municipal councils may delegate the powers to manage and maintain ITUR transferred to them pursuant to the preceding paragraphs to an autonomous body, selected according to the Public Contracts Code, approved pursuant to Decree-Law No 18/2008 of 29 January.

6 - ICP-ANACOM may issue general guidelines on the selection procedures referred to in the preceding paragraph.

7 - Procedures to be defined by municipal councils as regards access to ITUR by electronic communications companies must be transparent, swift, non-discriminatory and properly publicized, and conditions for the exercise of the rights of access must comply with the principles of transparency and non-discrimination, pursuant to Chapter III.

8 - Procedures referred to in the preceding paragraph must be applied by bodies to which municipal councils delegate the powers to manage and maintain ITUR pursuant to paragraph 5.

9 - The conservation of cabling installed by electronic communications companies shall remain their own responsibility, and for this purpose they shall be granted access by municipal councils or appointed bodies.

Article 32
Ownership, management, preservation and alteration of private ITUR

1 - ITUR that comprising concentrations of buildings are co-owned by all owners, who are responsible for the respective management and maintenance, unless where appropriate, this responsibility falls to the respective management body, according to the legal regime of horizontal property and to the present Decree-Law.

2 - Management bodies or owners of concentrations of buildings, according to the applicability of horizontal property, must ensure that ITUR is kept in good a good state of repair, security and operation, bearing the costs of repairs, without prejudice to paragraph 1 of the following article.

3 - Owners or management bodies of concentrations of buildings may oppose the installation of telecommunications infrastructure for individual use by any owner, co-owner, tenant or legal occupant in the following situations:

a) Where, after an owner, co-owner, tenant or legal occupant has given notice of this intention, telecommunications infrastructure for collective use which provides the same services and technology is installed within a period of 60 days;

b) Where the building is already provided with telecommunications infrastructure for collective use which provides the same services and technology.

4 - Where owners or management bodies of concentrations of buildings decide not to install the telecommunications infrastructure referred to in point a) of the preceding paragraph, or after the expiry of the time limit provided for therein, the referred telecommunications infrastructure remains unavailable, and in case the burden of costs resulting from alterations carried out on the existing infrastructure does not fall on them, owners or management bodies of concentrations of buildings may only oppose the intended alteration where owners or co-owners representing at least two thirds of the invested capital decide to the contrary.

Article 33
Open access to ITUR

1 - Developers, municipal councils and bodies appointed by them pursuant to article 31, as well as owners and management bodies of concentrations of buildings are required to ensure that electronic communications companies are provided with open, non-discriminatory and transparent access to ITUR, for the purpose of their installation, maintenance, repair and alteration, pursuant hereto, without prejudice to any entitlement to compensation for any damages suffered.

2 - Access to and use of private ITUR, by electronic communications companies, may not be made subject by owners and management bodies of concentrations of buildings to the payment of any type of compensation, financial or other.

3 - Contractual clauses that provide for exclusive access to ITUR which is already installed are prohibited and rendered null and void, whereas contracts concluded before the entry into force of the present decree-law which include clauses providing for exclusive access to ITUR shall be reduced or terminated.

4 - Where the body managing public ITUR is also an electronic communications provider, it may provide services to customers covered by the ITUR it manages after publishing conditions provided for herein and in paragraphs 7 and 8 of article 31.

Article 34
Remuneration for access to public ITUR

The installation of cabling and occupation of public ITUR is subject to the fee provided for in article 106 of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, whereby paragraphs 4 and 5 of article 13 hereof shall apply accordingly.

SECTION III
ITUR technical design

 
Article 35
Mandatory ITUR technical design

The installation of ITUR shall comply with a technical design prepared by a designer, pursuant to this chapter and to the ITUR manual.

Article 36
ITUR design declaration of conformity

1 - Technical designs referred to in the preceding paragraph shall include a declaration made by the legally qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.

2 - The declaration mentioned herein has the nature of a guarantee, whereby the prior assessment of designs by municipal services are not required.

3 - It is incumbent upon ICP-ANACOM to approve the model of the declaration of conformity referred to herein.

Article 37
Qualification of ITUR designers

1 - The following persons or bodies qualify as ITUR designers:

a) Engineers or technical engineers registered in public associations of a professional nature which, under the law establishing the qualification required for technicians responsible for the development and subscription of projects, are deemed to be qualified for said purpose;

b) Legal persons employing at least one engineer or technical engineer who fulfils the requisites set out in the preceding point.

2 - The public professional associations referred to in point a) of the preceding paragraph shall provide ICP–ANACOM, on terms to be agreed, with data on technicians deemed to be qualified to perform ITUR designs.

3 - It is incumbent upon public professional associations to ensure that registered technicians deemed to be qualified as ITUR technicians, for the purposes hereof, update their knowledge.

Article 38
Obligations that fall on ITUR designers

It is incumbent on ITUR designers to:

a) Make designs in compliance with the following article and with applicable technical standards;

b) Provide the declaration referenced in article 36 to the developer and to ICP-ANACOM;

c) Ensure the monitoring of the development, themselves or through an authorised representative, indicating in the respective work log book the progress of works and the quality of its execution, as well as a compulsory final confirmation, in the respective book, that the installation is consistent with the design.

Article 39
Elements of the ITUR technical design

1 - The ITUR technical design must include the following components:

a) Information on the ITUR designer who guarantees the design, pursuant to article 36, namely indicating the number of registration in a public professional association;

b) Identification of the concerned housing development, urban settlement or concentration of buildings, namely its purpose;

c) A description in particular of:

i. General description of the solution adopted in order to fulfil legal and regulatory provisions in force;

ii. Indication of the characteristics of the materials, elements of the construction, systems, equipments and networks related to technical installations;

iii. Assumptions considered, namely, characteristics of technical interfaces for access to public electronic communications networks;

iv. Technical characteristics with which equipment, materials and components to be used in the infrastructure must comply;

d) Measurements and maps of the work quantity, indicating the nature and amount of work are necessary to execute the works;

e) Budget based on the type and amount of work referred to in the measurements;

f) Other components governing the project structure, namely technical charts, topographic layouts, piping and cabling network arrangements, sizing charts, calculation of signal levels, arrangements related to infrastructure electrical installation and land, analysis of specificities of connections to telecommunications infrastructure and electronic communications companies.

2 - In the situations provided for in paragraph 1 b) of article 37, the design may only be signed by a qualified technician.

SECTION IV
ITUR installation

 
Article 40
ITUR installer

1 - The installation and maintenance of ITUR shall be performed by a installer who is qualified under the terms and conditions provided for in this chapter.

2 - The installer shall be chosen by the developer.

Article 41
Qualifications of an ITUR installer

1 – The following persons or bodies qualify as ITUR installers:

a) Natural persons with the qualifications set out in paragraph 1 a) of article 37 whose public professional association deems them to be qualified for such purpose;

b) Natural persons with the following qualifications:

i. Holders of a dual-certification qualification, obtained via the education and training modalities of the National Qualification System which include short ITUR training course units complying with the contents which are defined in the National Qualifications Catalogue;

ii. Technicians of the electricity and energy and electronics and automation training areas who have passed short ITUR training course units included in the National Qualifications Catalogue;

c) Legal persons which have at least one employee who is a technician with the qualifications set out in paragraph 1 a) of article 37 hereof.

2 - As far as public ITUR are concerned, natural or legal persons whose qualification is acknowledged by the Instituto Nacional da Construção e do Imobiliário, I. P. (InCI, I. P.), (National Institute for Construction and Property Affairs), also qualify as installers, pursuant to the legal regime that applies to the pursue of the construction activity.

3 - It is incumbent upon the public professional associations to ensure that technicians who are registered with them, and who are qualified as ITUR technicians for the purposes of the present decree-law, update their knowledge, and such associations shall provide ICP-ANACOM with information on the technicians which they consider to be qualified as ITUR installers, under the terms set out in paragraph 2 of article 37, mutatis mutandis.

Article 42
Registration of an ITUR installer

1 - The technicians referred to in point b) of the preceding article must be previously registered with ICP-ANACOM to operate as ITUR installers.

2 - Natural and legal persons referred to in the preceding paragraph that wish to be registered as installers must provide ICP-ANACOM with the following documents, in the format to be defined by this Authority:

a) Registration form according to a model to be approved by ICP-ANACOM;

b) Document attesting to required qualifications.

3 - Registrations are valid for a three-year period, at the end of which any interest in the renewal thereof must be conveyed to ICP–ANACOM 30 days in advance, otherwise registrations expire.

4 - The renewal of the registration may be made subject by ICP-ANACOM to the presentation of a document attesting that appropriate training courses have been taken.

Article 43
Obligations of an ITUR installer

1 - It is incumbent on ITUR installers:

a) To keep the information on their registration with ICP–ANACOM up-to-date;

b) To use equipment and materials that comply with applicable technical and legal requirements in installation operations;

c) To install telecommunications infrastructure according to the design and applicable technical standards;

d) To issue a declaration of execution conformity with respect to the installation, providing it to the developer, the owner or, in case of a concentrations of buildings, the respective management body and to ICP-ANACOM.

2 - In the situations provided for in paragraph 1 c) of article 41, infrastructure may only be installed by a qualified technician.

3 - It is incumbent upon ICP-ANACOM to approve the model of the conformity declaration referred to in paragraph 1 d).

4 - ITUR infrastructure may not be connected to the public communications networks prior to the issue of the installation’s declaration of execution conformity.

SECTION V
Entities providing training of ITUR installers

 
Article 44
Qualifying training for ITUR installers

1 - Entities that wish to be appointed as providers of training of ITUR installers must apply for registration with ICP-ANACOM.

2 - For the purposes of the preceding paragraph, the application for registration must comprise the following items:

a) Document attesting accreditation by the DGERT - Direcção-Geral do Emprego e das Relações de Trabalho (Directorate-General for Employment and Labour Relations);

b) Declaration attesting that the entity is not overdue on any taxes or contributions with respect to the State or to Social Security, nor on any other amounts, or that such payments are ensured via compliance with agreements concluded for the purpose under the law.

3 - The criteria to determine whether material technical requirements and technical qualifications of personnel have been fulfilled shall be defined by ICP-ANACOM, in articulation with the Agência Nacional para a Qualificação, I. P. (National Qualification Agency), which coordinates the dual certification educational and training offers and the National Qualifications Catalogue, as well as with the DGERT, which is responsible for the system of accreditation of training providers.

Article 46
Regime governing registration of training providers of ITUR installers

1 - It is incumbent upon ICP–ANACOM, within 90 days from reception of the application comprising the items referred to in the preceding article, to perform the respective registration of providers of training of ITUR installers.

2 - ICP-ANACOM may include the necessary conditions in the registration to ensure compliance with applicable legal and regulatory provisions.

3 - Registered bodies must start operations no later than six months following the date of registration.

4 - The registration is valid for a three-year period, at the end of which ICP-ANACOM must reassess the respective conditions.

Article 47
Withdrawal of registration of training providers of ITUR installers

ICP-ANACOM shall withdraw the registration in the following situations:

a) Where any of the requirements of registration set out in article 45 ceases to be fulfilled;

b) Where the entity fails to commence operations within the time-limit stipulated in paragraph 3 of the preceding article or ceases operations for more than 12 months;

c) Where the Authority acknowledges the violation of any of the obligations provided for in points a), b) and c) of article 49.

Article 48
Alterations to the registration of training providers of ITUR installers

1 - Providers of training of ITUR installers are required to notify ICP-ANACOM of any alterations to the items required for registration within 30 days from the date on which such alterations occurred.

2 - Without prejudice to the preceding paragraph, the attesting declaration mentioned in paragraph 2 b) of article 45 must be sent every year.

3 - It is incumbent upon ICP-ANACOM to assess any alterations and to decide the effects thereof on registrations.

Article 49
Obligations of providers of training of ITUR installers

Providers of training of ITUR installers must:

a) Deliver qualifying training courses on ITUR, as well as refresher courses, with programmes and durations defined pursuant to paragraph 2 of article 44;

b) Use only equipment and installations that correspond to the requirements defined by ICP–ANACOM;

c) Ensure that trainers providers of qualifying and refreshing courses are duly qualified;

d) Ensure the regular calibration of equipment, according to the instructions of the respective manufacturers, documented in a calibration plan;

e) Supply to ICP-ANACOM, where requested, information on the success achieved by trainees, per delivered course, within 15 days from the completion of the course.

SECTION VI
Alteration of telecommunications infrastructure in private ITUR

 
Article 50
Conditions for alteration of telecommunications infrastructure in private ITUR

1 - The alteration of private ITUR, especially for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and implemented by an installer, both of which must be duly qualified for the purpose, according to the ITUR manual.

2 - In the situations referred to in the preceding paragraph, the designer and installer must issue a declaration of conformity and provide it to the developer or management body of the concentrations of buildings, owners, tenants, co-owners or legal users applying for the set up, and to ICP-ANACOM, within 10 days from the respective conclusion.

SECTION VII
Assessment of conformity of ITUR equipment and infrastructure

 
Article 51
Requirements for conformity of ITUR equipment and infrastructure

1 - The following protection requirements apply to all equipment, devices and materials used in ITUR:

a) Those related to the health and safety of the user or of any other person, including those contained in Decree-Law No 6/2008 of 10 January, with respect to safety requirements, and other applicable rules;

b) Those contained in Decree-Law No 325/2007 of 28 September, with respect to electromagnetic compatibility, and other applicable rules;

2 - The installation of ITUR must meet:

a) Parameters defined as such in the technical specifications of interfaces of access to public electronic communications networks;

b) Installation guides issued by manufacturers of materials, devices and equipment;

c) Technical standards on low-voltage electrical installations, approved by Administrative Rule No 949-A/2006 of 11 September.

Article 52
Responsibility for conformity of ITUR equipment

1 - The demonstration of conformity of ITUR equipment, devices and materials with the applicable requirements is incumbent upon the respective manufacturers or their European Union based representatives.

2 - Where manufacturers or their representatives are not based in the European Union, the responsibility referred to in the preceding paragraph falls on the person who directly imports equipment.

3 - Manufacturers, their representatives or the person responsible for placing equipment, devices and materials on the market must keep all information thereon at the disposal of ICP-ANACOM for no less than 10 years from the date on which the last unit under consideration is placed on the market.

Article 53
Procedure for assessment of conformity of ITUR equipment and infrastructure

The assessment of conformity of ITUR equipment, devices and materials with the applicable requirements contained in paragraph 1 of article 51 may be demonstrated by means of procedures provided for in rules on electromagnetic compatibility and protection of health and safety in electric equipment.

Article 54
Monitoring of ITUR equipment and infrastructure

In is incumbent upon ICP-ANACOM to regularly take appropriate samples, at random and anywhere in the distribution chain, of equipment, devices and materials placed on the market, in order to assess their conformity with applicable requirements and with information contained in the respective conformity certificates and statements.

Article 55
Requirements of ITUR materials

ITUR materials shall comply with technical specifications laid down in the ITUR manual.

SECTION VIII
Fees due with respect to ITUR

 
Article 56
Fees due to  ICP-ANACOM with respect to ITUR

1 - The following shall be subject to the payment of fees:

a) Prior registration with ICP-ANACOM of installers referred to in article 42, as well as the respective renewal;

b) Registration of training providers and respective renewal.

2 - The amounts of the fees referred to in the preceding paragraph shall be set out in an Administrative Rule of the member of the Government responsible for the communications area, and shall constitute revenue for ICP–ANACOM.

3 - The amounts of the fees referred to in paragraph 1 shall be determined according to administrative costs arising from the acts of prior registration, registration or respective renewals.

CHAPTER VI
Infrastructure for telecommunications in buildings (ITED)

 
SECTION I
General provisions on ITED

 
Article 57
Object of Chapter VI

This chapter lays down the regime applicable to the installation of ITED and respective connections to public electronic communications networks, as well as the regime governing the assessment of equipment, materials and infrastructure conformity.

Article 58
Composition of ITED

ITED consists of:

a) Spaces for the installation of piping;

b) Piping network necessary for the installation of equipment, cables and other devices;

c) Cabling systems in copper pair, coaxial cable, for the distribution of Type A (terrestrial) or Type B (satellite) radio or television signals, including in both cases the respective antennas, and fibre optic cabling, comprising the collective and individual cable network, for connection to public communications networks;

d) Type A cabling systems;

e) Electrical installations supporting equipment and ground systems;

f) Cabling systems for the exclusive use of the building, namely domotics, door videophones, and security systems.

Article 59
Mandatory infrastructure in buildings

1 - It shall be mandatory to install the following infrastructure in buildings:

a) Spaces for the set up of piping;

b) Piping network necessary for the set up of equipment, cables and other devices;

c) Cabling systems in copper pair, coaxial cable, for the distribution of Type A radio or television signals, and fibre optic cabling;

d) Electrical installations supporting equipment and ground systems;

2 - The requirement to install distribution systems of Type A terrestrial radio or television signals shall apply to buildings with two or more dwellings.

3 - The design, installation and use of telecommunications infrastructure must ensure the secrecy of communications and the security and non-interference of cabling infrastructure.

4 - Compliance with obligations provided for herein is incumbent on the developer.

Article 60
Exceptions to the principle of compulsory infrastructure

Buildings which, on account of their nature and specific purpose, show a remote possibility of requiring electronic communications infrastructure, insofar as this is duly justified and accompanied by a guarantee instrument from the designer, shall be exempt from the provisions of the present chapter.

Article 61
General principles on ITED

1 - It is mandatory to use ITED which is already installed where such ITED is able to support the services to be provided and technologies to be made available.

2 - The installation and use of infrastructure for collective use shall take precedence over installation and use of infrastructure for individual use.

3 - The occupation of spaces and piping must be sized by the designer to meet communication needs and according to the expected number of users in the building.

4 - Spaces and piping shall not be occupied by resources deemed to be unjustified, taking into account the services to be provided and technologies to be made available.

5 - Compliance with the preceding paragraph is incumbent on the developer, the installer, the electronic communications company or, where appropriate, the management body of the building.

SECTION II
ITED ownership, management and access

 
Article 62
Ownership, management and maintenance of ITED

1 - ITED belongs to the building owner.

2 - ITED which, pursuant to rules on horizontal property, forms part of the communal areas of buildings, shall be held in joint ownership by all co-owners, whereby its management and maintenance shall be incumbent upon the respective management body of buildings.

3 - ITED within each independent unit is owned exclusively by the respective dwelling owner.

Article 63
Open access to ITED

1 - Owners and management bodies of buildings are required to ensure that electronic communications companies have open, non-discriminatory and transparent access to ITED for the purpose of installation, maintenance, repair and alteration, pursuant hereto, without prejudice to the entitlement to compensation for any damages suffered.

2 - Access to ITED which is included within the communal areas of buildings may not be made subject by owners and management bodies of buildings to the payment of any type of compensation, financial or other.

3 - Contractual clauses that provide for exclusive access to ITED which is already installed is prohibited and shall be deemed null and void, whereas contracts which include clauses on exclusive access to ITUR, concluded prior to the entry into force of the present decree-law, shall be reduced or terminated.

4 - Electronic communications companies which are already in operation in a specific building shall not, either directly or indirectly, obstruct or in any way obstruct the use of ITED by other electronic communications companies.

Article 64
Conditions for the alteration of telecommunications infrastructure set up in ITED

1 - Owners or management bodies of buildings may oppose the installation of telecommunications infrastructure for individual use by any co-owner, tenant or legal occupant in the following situations:

a) In the event that, within 60 days following notification by a co-owner, tenant or legal occupant of this intention, telecommunications infrastructure for collective use is installed which enables provision of the same services and technology;

b) Where the building is already equipped with telecommunications infrastructure for collective use which enables provision of the same services and technology.

2 - Where owners or management bodies of buildings decide not to install the telecommunications infrastructure referred to in point a) of the preceding paragraph, or in the event that, after the expiry of the time limit provided for therein, the referred telecommunications infrastructure is still not available, and in case the burden of costs resulting from alterations carried out on the existing infrastructure does not fall on them, owners or management bodies of buildings may only oppose the intended alteration where co-owners representing at least two thirds of the invested capital take an opposing decision.

3 - For the purpose of the regime laid down herein, the meeting of co-owners that assesses the proposal for infrastructure alteration must be convened, pursuant to the Civil Code, by the interested co-owner or the co-owner representing the tenant or legal occupant that intends to access the publicly available electronic communications services.

4 - Where the proposal for infrastructure alteration is notified to the management body of the building after the meeting of co-owners has been convened, it shall be added to the agenda and notified for this purpose to convened co-owners, at least five days ahead of the meeting.

5 - The telecommunications infrastructure for individual use shall be dismantled where, cumulatively:

a) Telecommunications infrastructure for collective use is installed which provides the same services and technology as the individual infrastructure;

b) There is evidence that the installation of such infrastructure has caused damages to third parties.

SECTION III
ITED technical design

 
Article 65
Mandatory ITED technical design

1 - The installation of ITED defined in article 58 shall comply with a technical design prepared by a designer, pursuant hereto and to the ITED manual.

2 - The installation of telecommunications infrastructure promoted by services or bodies of the State's direct and indirect administration, in pursuit of assignments legally established, shall be governed by this Decree-Law.

3 - ICP-ANACOM is entitled to publish models of technical designs which specific types of installation must comply with.

Article 66
ITED design declaration of conformity

1 - The technical designs referred to in the preceding paragraph shall comprise a declaration made by the duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.

2 - The declaration mentioned herein has the nature of a guarantee, whereby the prior assessment of designs by municipal services is not required.

3 - It is incumbent upon ICP-ANACOM to approve the model of the declaration of conformity referred to herein.

Article 67
Qualification of the ITED designer

1 - The following persons or entities may be ITED designers:

a) Engineers or technical engineers registered in public associations of a professional nature which, under the law establishing the qualification required for technicians responsible for the development and subscription of projects, are deemed to be qualified for said purpose;

b) Technicians of the electricity and energy and electronics and automation training areas, and technicians holding certificates of a technical-professional course, with modules on ITED, with the same duration in hours and contents as those provided for the qualifying training, and other telecommunications technicians who are registered with ICP-ANACOM as designers on the date on which the present decree-law enters into force;

c) Legal persons which employ at least one engineer or technical engineer who fulfils the requisites set out in point a).

2 - The ITED designers referred to in point b) of the preceding paragraph are qualified to sign ITED designs in buildings with a global works budget estimate up to the level of class 2 of construction licenses.

3 - (Repealed)

4 - Public professional associations referred to in point a) of the paragraph 1 hereof shall provide ICP–ANACOM, on terms to be agreed, with data on technicians deemed to be qualified to perform ITED designs.

5 -It is incumbent upon public professional associations to ensure that registered technicians deemed to be qualified as ITED technicians, for the purposes hereof, update their knowledge.

Article 68
Renewal of prior registration of ITED designers

1 - Technicians referred to in point b) of the preceding paragraph must renew their registration with ICP-ANACOM to operate as an ITED designer.

2 - Registrations are valid for 3-year periods, and may be renewed for similar periods of time, otherwise the registration expires.

3 - (Repealed.)

Article 69
Obligations binding upon ITED designers

1 - It is incumbent on ITED designers to:

a) Make designs in compliance with article 70 and with applicable technical standards;

b) make the declaration of conformity provided for in article 66 available to the developer and to ICP-ANACOM;

c) To ensure that the development is monitored, either by themselves or through an authorised representative, indicating in the respective work log book the progress of works and their quality of execution, and to provide a compulsory final confirmation, in the respective book, that the installation is consistent with the design.

2 - (Repealed.)

Article 70
Elements of the ITED technical design

1 - The ITED technical design must include the following elements:

a) Information on the ITED designer who guarantees the design, pursuant to article 66, namely indicating the number of registration in a public professional association;

b) Identification of the concerned building, including its purpose;

c) A description in particular of:

i. General description of the solution adopted in order to meet legal and regulatory provisions in force;

ii. Indication of the characteristics of materials, elements of the construction, systems, equipments and networks related to technical installations;

iii. Assumptions considered, including characteristics of technical interfaces for access to public electronic communications networks;

iv. Technical characteristics with which equipment, materials and components to be used in the infrastructure must comply;

d) Measurements and maps of quantity of works, indicating the nature and amount of tasks that are necessary for the execution of the works;

e) Budget based on the type and quantity of tasks referred in the measurements;

f) Other components governing the project structure, namely technical charts, topographic layouts, piping and cabling network arrangements, sizing charts, calculation of signal levels, arrangements related to infrastructure electrical installation and land, analysis of specificities of connections to telecommunications infrastructure and electronic communications companies.

2 - In the situations provided for in paragraph 1 c) of article 67, the design shall be signed by a qualified technician only.

3 - ICP-ANACOM may publish models of technical designs with which specific types of installations must comply.

Article 71
ITED included in a licensing or prior notification procedure

Where the installation of telecommunications infrastructure referred to in article 58 is included in the scope of a prior control of the urban operation, namely in the licensing or prior notification procedure, the regime of specialities projects provided for in the urban building and development legal regime, approved by Decree-Law No 555/99 of 16 December, shall apply.

Article 72
ITED not included in a licensing or prior notification procedure

Where the installation of telecommunications infrastructure referred to in article 58 is not included in the scope of a prior control of the urban operation, namely in the licensing or prior notification procedure, provided for the urban building and development legal regime, approved by Decree-Law No 555/99 of 16 December, technical projects shall be held by and kept under the responsibility of the owner or management body of the building, who is required to present them for purposes of inspection.

SECTION IV
ITED installation

 
Article 73
ITED installer

1 - The installation, alteration and maintenance of ITED shall be performed by a qualified installer under the terms and conditions set out in this chapter.

2 - The installer shall be selected by the developer.

Article 74
Qualifications of ITED installers

1 - The following persons or bodies qualify as ITED installers:

a) Natural persons with the qualifications set out in paragraph 1 a) of article 67 whose public professional association deems them to be qualified for the purpose;

b) Natural persons with the qualifications set out in point b) of article 41, who request ICP-ANACOM register them as installers;

c) Legal persons which employ at least one technician with the qualifications set out in paragraph 1 a) and b) of article 67 hereof.

2- It is incumbent upon the public professional associations to ensure that technicians who are registered with them and who are qualified as ITED technicians for the purposes of the present decree-law update their knowledge, and such associations shall provide ICP-ANACOM with information on the technicians which they consider to be qualified as ITED installers, under the terms set out in paragraph 4 of article 67, mutatis mutandis.

Article 75
Registration of ITED installers

Entities which wish to be registered as installers must follow the procedure laid down in article 42, duly adapted.

Article 76
Obligations of ITED installers

1 - It is incumbent upon ITED installers:

a) To keep the information on registration with ICP–ANACOM up-to-date;

b) To use only the equipment and materials in installation operations which is compliant with applicable technical and legal requirements;

c) To install telecommunications infrastructure according to the design and applicable technical standards;

d) To issue a declaration of execution conformity for the installation, providing it to the developer, the owner or to the building management and to ICP-ANACOM.

2 - In the situations provided for in paragraph 1 c) of article 74, infrastructure may only be installed by a qualified technician.

3 - It is incumbent upon ICP-ANACOM to approve the model of the conformity declaration referred to in paragraph 1 d).

4 - ITED infrastructure may not be connected to the public communications networks prior to the issue of the installation’s declaration of execution conformity.

SECTION V
ITED training providers

 
Article 77
Qualifying training for ITED designers and installers

1 - For the purposes of renewal of registration with ICP-ANACOM as designer and installer, under articles 67 and 74, the necessary qualifying training shall be provided by training providers of the National Qualification System, pursuant to article 16 of Decree-Law No 396/2007 of 31 December, or other training providers designated by ICP–ANACOM.

2 - Training courses provided by the entities referred to in the preceding paragraph shall observe the programmes and duration of short ITED training units provided for in the National Qualifications Catalogue.

Article 78
Registration of ITED training providers

1 - The regime provided for in articles 45 to 48 shall apply to the registration as ITED training provider, as well as to the respective issue, revocation and alteration.

2 - For the purposes of point c) of article 47, it is incumbent on ICP-ANACOM to withdraw the registration where the Authority acknowledges the violation of any of the obligations provided for in points a), b) and c) of the following article.

Article 79
Obligations of ITED training providers

The following obligations are binding upon ITED training providers:

a) Deliver qualifying training courses on ITED, as well as refresher courses, with programmes and durations defined pursuant to paragraph 2 of article 77;

b) Use only equipment and installations corresponding to requirements defined by ICP–ANACOM;

c) Ensure that trainers of qualifying and refreshing courses are duly qualified, pursuant to paragraph 3 of article 45;

d) Ensure the regular calibration of equipment, according to instructions of the respective manufacturers, documented in a calibration plan;

e) Supply to ICP-ANACOM, where requested, information on success achieved by trainees, per delivered course, within 15 days from the date of the request.

Article 80
Costs of the ITED design and installation

Costs resulting from the design and installation of ITED shall be borne by the developer.

Article 81
Authorisation for use of the building

The ITED designer and installer shall participate in the inspection that precedes the authorisation for use of the building where they are convened to do so by the municipal council, pursuant to the urban building and development legal regime, approved by Decree-Law No 555/99 of 16 December.

Article 82
Disclosure of information on ITED

ICP-ANACOM shall make the following information available on its website:

a) Registered designers;

b) Registered installers;

c) Registered training bodies;

d) Certified installations.

SECTION VI
ITED of constructed buildings

 
Article 83
Alteration of infrastructure in buildings with an ITED certificate

1 - The alteration of infrastructure in buildings with certification based on ITED specifications or RITA specifications, especially for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and implemented by an installer, both of which must be duly qualified for the purpose, according to the ITED manual.

2 - In the situations referred to in the preceding paragraph, the designer and installer must issue a declaration of conformity and provide it to the developer or management body of the condominium, to co-owners applying for the installation, and to ICP-ANACOM, within 10 days from the respective conclusion.

Article 84
Alteration of infrastructure in buildings without an ITED certificate

1 - The alteration of infrastructure in buildings with RITA, or previous specifications, which are not provided with an ITED certificate, especially for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and implemented by an installer, both of which must be duly qualified for the purpose, according to the ITED manual.

2 - In the situations referred to in the preceding paragraph, the designer and installer must issue a declaration of conformity and provide it to the developer or management body of the concentration of buildings, to owners and co-owners applying for the installation and to ICP-ANACOM, within 10 days from the respective conclusion.

SECTION VII
Assessment of conformity of ITED equipment

 
Article 85
Regime governing the assessment of conformity of ITED equipment

The assessment of conformity of equipment, devices and materials used in telecommunications infrastructure in buildings is governed by the regime set out in articles 51 to 55.

SECTION VIII
Fees due in respect of ITED

 
Article 86
Fees due to ICP-ANACOM in respect of ITED

1 - The following shall be subject to the payment of fees:

a) Registration with ICP - ANACOM of installers referred to in article 75, as well as the respective renewal and the registration renewal of technicians pursuant to paragraph 1 of article 68;

b) Registration of training providers and respective renewal.

2 - The amounts of the fees referred in the preceding paragraph shall be set out in an Administrative Rule issued by the member of the Government responsible for the communications area, and shall constitute revenue for ICP–ANACOM.

3 - The amounts of the fees referred in paragraph 1 shall be determined according to administrative costs arising from the acts of prior registration, registration or respective renewals.

CHAPTER VII
Enforcement and penalty system

 
Article 87
Provision of information

1 - Entities covered by this Decree-Law shall provide ICP-ANACOM with all information related to their activity with respect to the obligations provided for herein.

2 - For the purposes of the preceding paragraph, bodies shall identify and substantiate the information deemed to be confidential, and, where justified, they shall attach a non-confidential copy of documents that include such information.

3 - Enquiries made by ICP-ANACOM shall comply with the principles of appropriateness and proportionality with the purpose and must be duly substantiated.

4 - Enquiries must be responded to in a timely manner, in the form and to a degree of detail specified by ICP–ANACOM, and conditions for sending such information and its periodicity may also be established.

Article 88
Enforcement of the present Decree-Law

1 - It is incumbent upon ICP-ANACOM to enforce compliance with the provisions hereof, through its monitoring staff or agents duly accredited by its Management Board, without prejudice to powers assigned to other bodies.

2 - Costs arising from monitoring actions carried out to verify compliance with obligations provided for in Chapters V and VI hereof, namely inspections, assessment of designs, issue of opinions and tests of materials, shall be borne by infringers of the applicable legal or technical standards.

Article 89
Breaches and fines

1 - Without prejudice to other applicable penalties, in the scope of the regime that applies to the construction of infrastructure suitable for the accommodation of electronic communications networks, to the installation of electronic communications networks and to the SIC, the following constitute breaches:

a) Infringement of provisions on procedures for the allocation of rights of way in the public domain laid down in paragraphs 1, 2 and 3 of article 6;

b) Failure to comply with the obligation to provide the information provided for in paragraph 6 of article 7;

c) Non-compliance with the obligation established in paragraphs 1 and 3 of article 9;

d) Failure to comply with the obligation to publish and maintain up-to-date technical instructions provided for in paragraph 1 of article 11;

e) Failure to meet access obligations laid down in article 13;

f) Infringement of decisions issued by ICP-ANACOM pursuant to article 16;

g) Failure to comply with obligations binding upon holders of infrastructure suitable for the accommodation of electronic communications networks, established in article 17;

h) Non-compliance with decisions issued by ICP-ANACOM pursuant to paragraph 3 of article 19, as well as with the obligation provided for in paragraph 5 of article 19;

i) Non-compliance with the obligation to publish and maintain up-to-date technical instructions provided for in paragraph 1 of article 21;

j) Violation of the obligation to remove cables, equipment and any other network elements, provided for in paragraph 3 of article 22;

l) Non-compliance with decisions issued by ICP-ANACOM on disputes provided for in paragraph 5 of article 22;

m) Violation of the obligation to notify agreements on sharing of infrastructure, provided for in paragraph 2 of article 23 and in article 98;

n) Failure to observe determinations on the sharing of infrastructure provided for in paragraphs 3 and 5 of article 23, as well as constraining measures provided for in paragraph 6 thereof;

o) Non-compliance with obligations established in paragraphs 1, 2 and 4 of article 24 as well as failure to comply with decisions of ICP-ANACOM issued pursuant to paragraph 5 of article 24;

p) Failure to comply with obligations provided for in paragraph 3 of article 24 and paragraph 2 of article 25;

q) Receiving remuneration for the reuse of documents or information provided by the SIC, in violation of paragraph 4 of article 26;

r) Non-compliance with the information obligations set out in article 96, under the established terms and within the established deadlines.

2 - Without prejudice to other applicable penalties, in the scope of ITUR the following constitute breaches:

a) Failure to set up the mandatory infrastructure provided for in paragraph 1 a) and b) of article 29;

b) Failure to set up the mandatory infrastructure provided for in paragraph 2 of article 29;

c) Non-compliance, in the stage of design, installation or use of infrastructure, with the obligations of secrecy of communications, security and non-interference of cabling infrastructure, as provided for in paragraph 3 of article 29;

d) Infringement of the obligation to use the infrastructure installed in the situations provided for in paragraph 1 of article 30;

e) Occupation of spaces and piping contrary to paragraphs 2 and 3 of article 30;

f) The definition of procedures for access to ITUR and conditions for the exercise of the rights of access, contrary to paragraphs 7 and 8 of article 31;

g) Non-compliance with the obligation of access set out in paragraph 9 of article 31;

h) Opposition to the installation of telecommunications infrastructure for individual use in situations other than those provided for in paragraph 3 a) and b) and paragraph 4 of article 32;

i) Violation of obligations under the terms and conditions laid down in paragraphs 1 and 4 of article 33;

j) Requirement to pay a remuneration or any type of compensation, financial or other, made by owners and management bodies of concentrations of buildings, for access to and use of private ITUR, contrary to paragraph 2 of article 33;

l) (Repealed)

m) (Repealed)

n) Failure to observe the obligation to provide information to ICP-ANACOM pursuant to paragraph 2 of article 37;

o) Non-compliance with obligations established in article 38;

p) (Repealed)

q) Signature of the design by a non-qualified technician, contrary to paragraph 2 of article 39;

r) Installation and maintenance of ITUR infrastructure by an entity which is not qualified for the purpose, contrary to paragraph 1 of article 40;

s) Failure of the installer to comply with the obligations set out in paragraph 1 of article 43 and failure of the sponsor, the owner, the administration of concentration of the buildings or the electronic communications company to comply with the obligations set out in paragraph 4 of article 43;

t) Installation of ITUR infrastructure by a technician who is not qualified for such purpose, contrary to paragraph 2 of article 43;

u) Delivery of training courses contrary to paragraph 2 of article 44, by entities who fail to be registered pursuant to paragraph 1 of article 45;

v) Failure to observe any of the notification obligations provided for in paragraphs 1 and 2 of article 48;

x) Failure to observe any of the obligations provided for in points a) to e) of article 49;

z) Placing on the market and installation of equipment, devices and materials, contrary to article 51;

aa) Failure to comply with the information provision obligation provided for in paragraph 3 of article 52;

bb) Alteration or construction of ITUR infrastructure contrary to paragraphs 1 to 4 of article 100.

3 - Without prejudice to other applicable penalties, in the scope of ITED the following constitute breaches:

a) Failure to set up the mandatory infrastructure provided for in paragraph 1 a) to d) of article 59;

b) Failure to set up the mandatory infrastructure provided for in paragraph 2 of article 59;

c) Non-compliance, in the stage of design, installation or use of infrastructure, with the obligations of secrecy of communications, security and non-interference of cabling infrastructure, as provided for in paragraph 3 of article 59;

d) Infringement of the obligation to use the infrastructure installed in the situations provided for in paragraph 1 of article 61;

e) Occupation of spaces and piping contrary to paragraphs 3 and 4 of article 61;

f) Violation of the obligation of access under the terms and conditions laid down in paragraph 1 of article 63, as well as the violation by electronic communications companies of the provision in paragraph 4 of the same article;

g) Requirement to pay a remuneration or any type of compensation, financial or other, made by owners and management bodies of buildings, for access to ITED, contrary to paragraph 2 of article 63;

h) Opposition to the installation of telecommunications infrastructure for individual use in situations other than those provided for in paragraph 1 a) and b) and paragraph 2 of article 64;

i) Failure to observe the obligation to provide information to ICP-ANACOM pursuant to paragraph 4 of article 67;

j) Violation of obligations provided for in paragraph 1 of article 69;

l) Failure to comply with the notification obligation laid down in paragraph 2 of article 69;

m) Signature of the design by a non-qualified technician, contrary to paragraph 2 of article 70;

n) Installation, alteration and maintenance of ITED infrastructure by a body which is not qualified for such purpose, contrary to paragraph 1 of article 73;

o) Failure of the installer to comply with the obligations set out in paragraph 1 of article 76 and non-compliance by the developer or the electronic communications company with the provisions of paragraph 4 of article 76.

p) Installation of infrastructure by a technician who is not qualified for such purpose, contrary to paragraph 2 of article 76;

q) Delivery of training courses contrary to paragraph 2 of article 77, by entities which are not registered pursuant to paragraph 1 of article 45, in accordance with article 78;

r) Failure to observe obligations provided for in points a) to e) of article 79;

s) Alteration of infrastructure in buildings with an ITED certificate contrary to paragraphs 1 to 3 of article 83;

t) Alteration of infrastructure in buildings without an ITED certificate contrary to paragraphs 1 to 4 of article 84;

u) Failure to comply with the information provision obligation provided for in paragraph 3 of article 52, as well as placing on the market and set up of equipment, devices and materials, contrary to article 51, in accordance with article 85;

v) Failure to comply with obligations set out in article 104 on alteration of infrastructure in constructed buildings.

4 - Without prejudice to other applicable penalties, the following also constitute breaches:

a) Non-compliance with information obligations provided for in article 87, in the terms and with the deadlines established by ICP-ANACOM;

b) Non-compliance with procedures for assessment of ITUR and ITED, approved by ICP-ANACOM under article 105;

c) Failure to comply with orders, instructions and decisions issued by ICP-ANACOM in the exercise of the competences provided for herein.

5 - Breaches provided for in paragraph 1 a), b), c), e), f), g), h), j), l), m), n), o), p), q) and r), paragraph 2 a), b), c), d), e), f), g), i), l), m), n) p), r), s), t), u), x) and bb), paragraph 3 a), b), c), d), e), f), i), j), m), n) o), p) q), r), s), t), u) and v) and paragraph 4 are liable to a fine between (euro) 500 and (euro) 3740 and between (euro) 5000 and (euro) 44 891,81, according to whether they are committed by natural or legal persons, respectively.

6 - Breaches provided for in paragraph 1 d) and e), paragraph 2 h), j), o), q) v) and aa), and paragraph 3 g), h) and l) are liable to a fine between (euro) 250 and (euro) 2000 and between (euro) 1000 and (euro) 44 891,81, according to whether they are committed by natural or legal persons, respectively.

7 - Without prejudice to the system for the non-contractual liability of public bodies, local authorities are subject to the breach regime provided for herein.

8 - Where breaches are a result of a failure to comply with a legal duty or an order issued by ICP-ANACOM, the application of penalties shall not exempt the infringer from performing the duty or order, where compliance therewith is still possible.

9 - Breaches provided for herein, in their attempted or negligent forms, are liable to half the maximum limits of fines referred to in this article.

10 - Provisions herein shall be without prejudice to the urban building and development legal regime, approved by Decree-Law No 555/99, of 16 December.

Article 90
Additional penalties

In addition to fines set out in the preceding article, the following penalties may also be applied, where justified by the severity of the infraction and the degree of fault on the part of the agent:

a) Confiscation of illegal objects, equipment and devices, for the breach provided for in paragraph 2 z) of the preceding article;

b) Prohibition of carrying on the respective activity up to a maximum of two years, for breaches provided for in paragraph 2 e), n), p), q), t), u), v) and x) and paragraph 3 e), i) j), l), o), p), q), t) and u), both the preceding article;

c) Deprivation of the right to participate in public tenders or auctions launched in the scope of this Decree-Law and of the Law of Electronic Communications, approved by Law No 5/2004, of 10 February, up to a maximum of two years, for breaches provided for in paragraph 1 f), g), h), o) and r), and paragraph 2 f), i) and l), both the preceding article.

Article 91
Breach proceedings and application

1 - The application of fines and additional penalties provided for herein as well as closure of breach proceedings are incumbent on the Management Board of the ICP–ANACOM.

2 - Breach proceedings shall be initiated by the Management Board of ICP-ANACOM and shall be examined by the respective services.

3 - Powers provided for in the preceding paragraphs may be delegated.

4 - ICP-ANACOM and municipal councils shall collaborate in the enforcement of obligations contained herein, according to the scope of their respective assignments.

5 - As regards breaches in the field of operations the control of which is incumbent on local authorities, the latter may report the respective infringements to ICP-ANACOM.

6 - The amount of fines reverts to the State at 60% and to ICP-ANACOM at 40%.

7 - Where breach proceedings have been initiated following a report made by a local authority, pursuant to paragraph 5, the amount of fines reverts to the State at 60%, to ICP-ANACOM at 20% and to the local authority at 20%.

8 - Objects confiscated under point a) of article preceding article revert to ICP-ANACOM.

Article 92
Notifications of breach proceedings

Where, in breach proceedings, the whereabouts of the notifying party are unknown or the latter refuses to receive a notification sent under general terms, the notification shall be published as an advertisement in two consecutive issues of one of the newspapers with highest print-run in the location where the notified person was last resident or throughout national territory.

Article 93
Official report

1 - Official reports prepared on the basis of enforcement herewith shall be relied on as regards facts witnessed by the respective authors, except where there is convincing evidence to the contrary.

2 - The preceding paragraph applies to evidence obtained through devices or instruments approved according to legal and regulatory provisions.

3 - The official report shall include the address of the person concerned, whose attention shall be drawn to the fact that the address supplied shall be used for notification purposes.

4 - Where the infringer is a legal person or a company, the identification, residence and working place of the respective managers, administrators or directors shall be indicated, where possible.

Article 94
Confiscation in favour of the State

1 - Seized objects which are not claimed within 60 days following notification to interested parties ordering the delivery thereof shall be confiscated.

2 - Objects confiscated under the preceding article or under point a) of article 90 shall revert to ICP-ANACOM, which shall dispose of said objects as appropriate.

CHAPTER VIII
Final and transitional provisions

 
SECTION I
Transitional provisions with respect to Chapters II, III and IV

 
Article 95
Establishment of items to be attached to the prior notification

The Administrative Rule referred to in paragraph 7 of article 7 shall be issued no later than 30 days following the publication date of the present decree-law.

Article 96
Information obligations

1 - Entities referred to in article 2 must:

a) Draw up, publicize and communicate to ICP-ANACOM, within 90 days from the date of publication hereof, the procedures and conditions for the allocation of rights of way provided for in article 6;

b) Publicize and communicate to ICP-ANACOM, within 30 days from the date of publication hereof, the technical instructions provided for in paragraph 1 of article 10, that apply to the construction of or any other intervention on infrastructure.

2 - Within 30 days from the date of publication hereof, entities referred to in article 2 hereof must:

a) Communicate to ICP–ANACOM:

i. Infrastructure which is suitable for the accommodation of electronic communications networks and which is in their possession or under their management, pursuant to article 17 a);

ii. The entities and contact points which should be approached with requests for information on infrastructure suitable for the accommodation of electronic communications networks and to whom applications on access and use of such infrastructure may be submitted;

b) Publicize and communicate to ICP–ANACOM the procedures and conditions for access to and use of the mentioned infrastructure, pursuant to article 17 c);

c) Publicize and communicate to ICP–ANACOM the technical instructions provided for in paragraph 1 of article 21, that apply to the installation of equipment and systems of electronic communications networks in infrastructure in their possession;

d) Communicate to ICP–ANACOM which electronic communications companies are already set up in infrastructure under their management, on the publication date of the present decree-law.

3 - No later than one year following the date of definition of the elements provided for in article 99, the entities referred in article 2, lectronic communications companies and holders of infrastructure suitable for the accommodation of electronic communications networks that are used by such networks, must make all information provided for in article 25 available in the SIC.

4 - While the SIC is not in operation, advertisements with respect to works provided for in paragraph 1 of article 9 shall be communicated to ICP–ANACOM, and this Authority shall disclose them in its website in a simplified manner, indicating the respective developer and contact point.

Article 97
Transitional regime for the concessionary of the public telecommunications service

1 - Until the effective implementation of the SIC, ICP-ANACOM, as national regulatory authority, shall adapt the rules on provision of information on ducts, masts, other facilities and locations provided by the concessionaire of the public telecommunications service, issued under paragraph 4 of article 26 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, so as to coordinate them with the SIC.

2 - The preceding paragraph shall be without prejudice to provisions of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, in matters such as market assessment, identification of companies with significant market power and consequent imposition of obligations.

Article 98
Communication of sharing agreements

No later than 30 days from the publication date of the present decree-law, electronic communications companies must comply with the communication obligation provided for in paragraph 2 of article 23, concerning agreements concluded with other companies on the sharing of ducts, locations and resources, already set up or to be set up.

Article 99
Rules on the implementation of the SIC

No later than 60 days from the publication date of the present decree-law, ICP-ANACOM must define the minimum elements referred to in paragraph 2 of article 24, as well as the terms and format referred to in paragraph 3 of article 24 and in paragraph 4 of article 25.

SECTION II
Transitional provisions on Chapters V and VI

 
Article 100
Application of the regime to ITUR

1 - No later than 30 days from the publication date of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, alterations to telecommunications infrastructure of private ITUR, including for the purposes of fibre optic deployment, must allow space for the installation of fibre optic equipment and cabling, the respective entry and connection to existing telecommunications infrastructure by more than one electronic communications company.

2 - For the purposes of the preceding paragraph, there must be interconnections with appropriate space for the necessary number of fibre optic cables, adapted to the number of existing buildings.

3 - The regime provided for in the preceding paragraphs shall also apply to private ITUR whose licensing, authorization or prior communication files are submitted to municipal services after the entry into force hereof, and within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual.

4 - Public ITUR whose licensing, authorization or prior notification files are submitted to municipal services after the entry into force hereof, and within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, shall be provided with piping duly adapted to the deployment of fibre optic, as well as copper pair and coaxial cabling, by more than one electronic communications company.

5 - The regime on the design and setup of ITUR provided for in Chapter V is mandatory for housing developments and urban settlements operations, the files of which are submitted to municipal services within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, without prejudice to obligations provided for in paragraphs 3 and 4 hereof.

Article 101
Agreements with public professional associations

No later than 30 days from the publication date of the present decree-law, ICP-ANACOM and public professional associations shall reach an agreement on the terms of the provision of information provided for in paragraph 2 of article 37 and in paragraph 2 of article 67.

Article 102
Application of the regime to ITED

Until publication of the notice provided for in paragraph 2 of article 106, as regards the ITED manual, the ITED manual in force shall apply to ITED designs submitted to municipal services following the entry into force of the present decree-law, pursuant to the urban building and development legal regime.

Article 103
Update of ITED technicians

1 - All ITED technicians registered with ICP-ANACOM as on the date of publication of the present decree-law are required to take training courses delivered by bodies qualified for such purpose and designated by ICP-ANACOM, in order to ensure their knowledge is updated in light of the rules laid down herein.

2 - It is incumbent on public professional associations to ensure that technicians registered therewith and qualified as ITED technicians for the purposes hereof update their knowledge.

3 - The training courses provided for in the preceding paragraphs shall be taken no later than one year following the date of publication of the notice provided for in paragraph 2 of article 106.

4 - ITED technicians who are not registered in public professional associations must present evidence to ICP-ANACOM that they have taken the mentioned training courses, within the deadline established in the preceding paragraph, otherwise the respective registration shall be withdrawn.

Article 104
Adaptation of constructed buildings to fibre optic

1 - Alterations carried out in buildings already constructed must be capable of allowing the  entry and passage of the fibre optic cables of several electronic communications companies and their respective connection to existing telecommunications infrastructure whereas it shall be binding upon the first operator to access the building with the purpose of installing this type of infrastructure to ensure that:

a) The entire rising main of the building is installed with appropriate capacity to supply electronic communications services to all dwellings of the building;

b) Customer connection points are in existence which enable each electronic communications company to connect each dwelling using their own resources, through a connection to the rising main;

c) It is possible for  other electronic communications companies that wish to provide electronic communications services on the basis of fibre optic technology to share the installed infrastructure, regardless of the type of network structure.

2 - For the purpose of point c) of the preceding paragraph, the sharing point must be located inside the building, in the building’s general distribution frame or close thereto.

3 - Where, for technical reasons, it is not possible to comply with the preceding paragraph, electronic communications companies must find an alternative solution, including by locating the sharing point in a different point in the building or at the building's entrance, in the cabinet of access to electronic communications infrastructure, or by using the collective urban development sharing point.

4 - Electronic communications infrastructure between electronic communications companies shall be shared in a reciprocal fashion, observing the principles of transparency, non-discrimination and cost-orientation of prices, in particular taking into account the increase of costs incurred by the electronic communications company when installing shareable infrastructure, under the following terms:

a) The first operator to access the building shall bear the cost of constructing the infrastructure, as laid down in the preceding paragraphs, in full;

b) The second operator to access the building may connect to the infrastructure developed by the first operator by paying the latter 50% of the cost, and the following operators may also connect to that same infrastructure by bearing costs in the corresponding proportion.

5 - The means to calculate the costs referred to in the preceding paragraph, the means of payment between operators, including responsibility for the management of the relation between operators and condominiums, as well as all other aspects required for giving effect hereto, shall be approved by an Administrative Rule issued by the member of the Government responsible for the electronic communications area.

6 - The regime provided for in paragraph 1 is mandatory for buildings whose designs are submitted to municipal councils following the entry into force of the present decree-law, and until the date of publication of the notice provided for in paragraph 2 of article 106.

Article 105
Assessment of ITUR and ITED

It is incumbent upon ICP-ANACOM, following the general consultation procedure pursuant to article 8 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, to approve the ITUR and ITED assessment procedures, which shall be binding upon installers.

SECTION III
Final provisions

 
Article 106
Approval of ITUR and ITED manuals

1 - The ITUR and ITED manuals shall be approved following the general consultation procedure pursuant to article 8 of the Law of Electronic Communications, approved by Law No 5/2004 of 10 February, by determination of the Management Board of ICP-ANACOM, which shall be published in Series II of Diário da República (The Official Gazette).

2 - The manuals referred to in the preceding paragraph shall be made available on ICP–ANACOM’s website, and this shall be publicized in a notice published in Series II of Diário da República (The Official Gazette).

Article 107
Calculating time limits

The administrative time limits provided for herein shall be calculated in accordance with the rules set out in article 72 of the Administrative Procedure Code.

Article 108
Submitting documents available online

Where documents required by the present decree-law are available online, persons or entities required to submit such documents to ICP-ANACOM may provide information on the web address where this information may be consulted as well as any information required to consult them.

Article 109
Repealing provision

1 - The following are hereby repealed:

a) Decree-Law No 59/2000 of 19 April;

b) Decree-Law No 68/2005 of 15 March;

c) Paragraphs 5 to 7 of article 19, and paragraphs 5 to 7 of article 26 of Law No 5/2004 of 10 February.

2 - The rules and procedures published by ICP-ANACOM pursuant to and in compliance with Decree-Law No 59/2000 of 19 April, shall remain in force until their replacement by those published pursuant hereto.

Article 110
Entry into force

1 - The present decree-law shall enter into force on the day following that of its publication.

2 - The certificate attesting conformity of the installation of telecommunications infrastructure in buildings provided for in Decree-Law No 59/2000 of 19 April is not required for the purpose of granting authorization for the use of buildings where the respective procedures are pending at the date of entry into force hereof.