Published in D.R. number 157 (Series I) of 16 August 2006

Ministério da Administração Interna (Ministry for Internal Administration)

Decree-Law

According to the Resolution of the Council of Ministers no. 26/2002 of 5 February, and the Resolution of the Council of Ministers no. 56/2003, of 8 April, the Sistema Integrado das Redes de Emergência e Segurança de Portugal (Integrated System for Portugal's Security and Emergency Networks), hereinafter referred to as SIRESP, is a unique shared communications system, based on a single national telecommunications infrastructure, which must ensure the fulfilment of communications needs of the emergency and security forces and services, allowing intercommunication and interoperability among the various forces and services and, in case of an emergency, enabling the centralization of leadership and coordination.

Without prejudice to other entities that may be identified in the future, the SIRESP shall be shared by humanitarian associations of voluntary fire-fighters, Cruz Vermelha Portuguesa (Portuguese Red Cross), Direcção-Geral das Florestas (Directorate-General for Forests), Direcção-Geral dos Serviços Prisionais (Directorate-General for Prison Services), Exército (Army), Força Aérea Portuguesa (Portuguese Air Force), Guarda Nacional Republicana (National Republican Guard), Instituto da Conservação da Natureza (Nature Preservation Institute), Inspecção-Geral das Actividades Económicas (Inspectorate-General for Economic Activities), Instituto Nacional de Emergência Médica (Medical Emergency National Institute), Instituto Nacional de Medicina Legal (Forensic Medicine National Institute), Marinha (Navy), bodies of the Autoridade Marítima Nacional (National Maritime Authority), Polícia Judiciária (Judicial Police), Polícia de Segurança Pública (Public Security Police), Serviço de Estrangeiros e Fronteiras (Foreigners and Border Service), Serviço de Informações de Segurança (Security Information Service), Serviço Nacional de Bombeiros (National Fire-Fighters Service) and the Protecção Civil (Civil Protection Service).

The SIRESP shall be managed by an operator set up specifically for this purpose, which shall be exclusively involved with the provision of the network to the group of users which shall share the service.

The Law of Electronic Communications, approved by Law no. 5/2004, of 10 February, excludes from its scope of application, under point c) of paragraph 1 of its article 2, the private networks of the security and emergency forces and services, expecting the latter to be ruled by specific legislation.

On its turn, Decree-Law no. 151-A/2000, of 20 July – that establishes the legal regime applicable to the licensing of radiocommunications networks and stations, the supervision of the installation of the referred stations and the use of the radio spectrum, as well as the definition of principles applicable to radio licensing fees, protection from exposure to electromagnetic radiation and the sharing of radiocommunications infrastructures -, provides, in its article 19, the reduction of radio spectrum use fees to the Serviço Nacional de Protecção Civil, Serviços Regionais de Protecção Civil (Regional Civil Protection Services) of the Azores and Madeira, civil protection agents referred to in points a) and e) of paragraph 1 and paragraph 2 of article 18 of Law no. 113/91, of 29 August, as amended by Law no. 25/96, of 31 July, as well as to other entities identified by Resolution of the Council of Ministers and which, throughout the national territory, are directly involved in fire prevention, detection, monitoring and fighting, and which provide pre-hospital emergency assistance in the Autonomous Regions. In some cases, these reductions even rise to full exemption from payment of the respective fees.

Consequently, the reasons that lead to the acknowledgement of the reduction or exemption from use fees in case of private networks of each entity involved in civil and emergency protection also apply in the case of the use by these and other entities of their own networks, or of a shared network.

Taking into consideration point c) of paragraph 1 of article 2 of Law no. 5/2004, of 10 February, it is now important to establish concrete provisions to govern SIRESP ’s action as regards the radio spectrum use, along the lines of other standards in force relatively to some entities in matters of civil and emergency protection.

Therefore:

Pursuant to point a) of paragraph 1 of art 198 of the Constitution, the Government hereby decrees the following:

Article1
Amendment to Decree-Law no. 151-A/2000, of 20 July

Article 19 of Decree-Law no. 151-A/2000, of 20 July, is hereby amended to read as follows:

«Article 19
[...]

1 - ...
2 - ...
3 -...
4 -...
5 -...
6 -...
7 -...
8 -...
9 -...
10 -...
11 - Entities involved in the SIRESP at any time, namely the respective managing entity, the operator and users in the scope of security and emergency, are also exempted from paying fees provided for in paragraph 1. »

Article 2
Entry into force

This Decree-Law shall enter into force on the day following that of its publication.

Checked and approved in the Council of Ministers of 29 June 2006. – José Sócrates Carvalho Pinto de Sousa - Eduardo Arménio do Nascimento Cabrita - Alberto Bernardes Costa - Mário Lino Soares Correia.

Promulgated on 31 June 2006.

Let it be published.

The President of the Republic, Aníbal Cavaco Silva.

Counter-signed on 7 August 2006.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.