Published in D.R. number 102 (Series I) of 27 May 2009

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

Administrative Rule

Administrative Rule no. 1473-B/2008, of 17 December, amended by Statement of Rectification no. 16-A/2009, of 13 February, approved the fees due for the issue of statements supporting rights granted by ICP-ANACOM, for the provision of publicly available electronic communications networks and services, for the granting of rights of use for frequencies and numbers, for the use of radio spectrum and other fees due to ICP - Autoridade Nacional das Comunicações (ICP – ANACOM).

In line with the entry into effect of Decree-Law no. 53/2009, of 2 March, fees due for the pursue of amateur activities must be adapted to provisions therein, thus completing the desired and necessary update and simplification of the radio amateur service regime made by that Decree-Law.

Moreover, Decree-Law no. 63/2009, of 10 March, introduced a second amendment to Decree-Law no. 177/99 of 21 May, which governs the access to and the provision of audiotext services, extending the respective legal system to value-added services based on message sending.

The above-mentioned Administrative Rule no. 1473-B/2008 must thus be amended, so as to reflect changes brought about both by Decree-Law no. 53/2009 and by Decree-Law no. 63/2009.

Therefore, pursuant to paragraphs 1, 4 and 6 of article 19 of Decree-Law no. 53/2009, of 2 March, and to paragraph 7 of article 19 of Decree-Law no. 151-A/2000, of 20 July, as well as to article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001 of 20 August, and by Decree-Law no. 63/2009, of 10 March:

The Government, through the Minister of Public Works, Transport and Communications, hereby decrees as follows:

1.º

Paragraph 1 e) and h) of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«1.º

…
a) …

b) …

c) …

d) …

e) The Amateur and Amateur-Satellite Services, provided for in paragraph 1 of article 19 of Decree-Law no. 53/2009, of 2 March,  as well as the corresponding reduction rate, provided for in paragraph 4 of that article, included in annex V hereto, which is an integral part hereof;

f) ...

g) ...

h) The access to and provision of audio-text services and value-added services based on message sending, provided for in paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and by Decree-Law no. 63/2009, of 10 March, included in annex VIII hereto, which is an integral part hereof;

i) …»

2.º

Annex iii of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«ANNEX III
[…]

1 - …

2 - …

3 - Without prejudice to any alterations made to the National Numbering Plan, the distribution of the different types of fees that apply to the use of the different types of numbers/services, the respective value and code are hereby defined in the table below:

4 - …

5 - In application of the ''occupier-payer'' principle, the usage fee corresponding to a code/number of the telecommunication national numbering plan (E.164) with a length below 9 digits shall increase inversely in multiples of 10.

6 – (Former paragraph 5).»

3.º

Annex v of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«ANNEX V
Fees due for the Amateur and Amateur-Satellite Services (paragraphs 1 and 4 of Decree-Law no. 53/2009, of 2 March)

1 – Fees due amount to:

2 – The annual fee due by NAC holders for the use of spectrum shall be subject to the following reductions:

a) By 50% for those below 25 years of age;

b) By 50% for those over 65 years of age;

c) By 70% for disabled persons who suffer permanent disability at 60% or above, calculated pursuant to and for the purposes of paragraph 4 c) of article 19 of Decree-Law no. 53/2009, of 2 March.»

4.º

Annex viii of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«ANNEX VIII

Fees due for the access to and provision of audio-text services and value-added services based on message sending (paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and by Decree-Law no. 63/2009, of 10 March).

1. Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and by Decree-Law no. 63/2009, of 10 March, that regulates the access to and the provision of audio-text services and value-added services based on message sending, amount to:

2 - The annual fee due for the provision of audio-text services and value-added services based on message sending shall be paid in July every calendar year.

3 - Where the provision of audio-text services and value-added services based on message sending starts after the date referred to in the preceding paragraph, the annual fee shall be due only for the number of months that remain up to the end of June of the following calendar year, for this purpose all fractions of one month being deemed as a full month.»

5.º

1 – This Administrative Rule shall enter into force on the day following its publication.

2 – Fees provided for in annex v take effect as from the entry into force of Decree-Law no. 53/2009, of 2 March.

The Minister of Public Works, Transport and Communications, Mário Lino Soares Correia, on 18 May 2009.