Satellite service

Law no. 5/2004 of 10 Februaryhttps://www.anacom.pt/render.jsp?contentId=975162, in its current wording (Electronic Communications Law), transposes the regulatory framework of the European Union, establishing the legal regime applicable to electronic communications networks and services and related resources and services and defines the powers of the National Communications Authority (ANACOM) in this field.

Pursuant to article 19(1) and (2) of the Electronic Communications Law, the provision of electronic communications networks and services is free and subject only to the general authorisation regime, and therefore cannot be dependent on any prior decision or act by ANACOM, without prejudice to the limitations arising from the allocation of rights of use of frequencies and numbering, under the terms provided for in that law.

Under the general authorisation regime, companies wishing to provide services in Portugal are only obliged to report this to ANACOM in advance. Companies are also subject to a number of reporting duties, during the course of their activity, relating to changes in their identification or contacts, as well as to the alteration or termination of their business activity.

ANACOM's website makes the following available for this purpose:

• a form to communicate the commencement of the activity of providing publicly available electronic communications networks and services;
• a form to report other issues relating to the alteration of the identification or contacts or to the alteration or termination of the activity of providing publicly available electronic communications networks and services.

ANACOM is responsible for maintaining, updating and disclosing the register of companies offering electronic communications networks and services.

Lastly, in accordance with article 105 (1)(b) of Law no. 5/2004 of 10 February, as amended by Law no. 51/2011 of 13 September, the exercise of the activity of provider of electronic communications networks and services is subject to an annual fee.

Consult: Access to activityhttps://www.anacom.pt/render.jsp?categoryId=370195

Applicants registered in the services area (área reservadahttps://www.anacom.pt/bvirtual/bvru/acesso_direto.do - reserved services area) must submit their applications for earth station licences preferably through the e-Lic Portal.

Alternatively, ANACOM's Form 65 - Earth Station, which is available at Serviços/Formulários/Radiocomunicações/Radiocomunicaçõeshttps://www.anacom.pt/render.jsp?categoryId=357415 por satélite, can be downloaded and sent to ANACOM by e-mail (at the address: licencas.radio@anacom.ptmailto:licencas.radio@anacom.pt) or by post.

Applicants registered in the services area (área reservadahttps://www.anacom.pt/bvirtual/bvru/acesso_direto.do - reserved services area) must submit their applications for VSAT network licences preferably through the e-Lic Portal.

Alternatively, ANACOM's Form 66 - VSAT Network, which is available at Serviços/Formulários/Radiocomunicações/Radiocomunicações por satélitehttps://www.anacom.pt/render.jsp?categoryId=357415, can be downloaded and sent to ANACOM by e-mail (at the address: licencas.radio@anacom.ptmailto:licencas.radio@anacom.pt) or by post.

Decree-Law no. 151-A/2000 of 20 Julyhttps://www.anacom.pt/render.jsp?contentId=976037, in its current wording, distinguishes between two types of authorisation to use a transportable earth station (SNG):

• Permanent licensing for occasional use;
• Temporary licensing for coverage of a specific event.

Permanent licensing for occasional use of a transportable earth station (SNG) can be carried out in two ways:

• Applicants registered in the services area (restricted area) must submit their applications for transportable earth station (SNG) licensing preferably through the e-Lic Portal;
• Alternatively, ANACOM's Form 67 - Transportable Earth Station (SNG), which is available at Serviços/Formulários/Radiocomunicações/Radiocomunicações por satélitehttps://www.anacom.pt/render.jsp?categoryId=357415, can be downloaded and sent to ANACOM by e-mail (at the address: licencas.radio@anacom.ptmailto:licencas.radio@anacom.pt) or by post.

In turn, applications for temporary licences for the coverage of events must always be submitted through the e-Lic Portal. Applicants must register in the service area (área reservadahttps://www.anacom.pt/bvirtual/bvru/acesso_direto.do - reserved services area) for this purpose.

According to Administrative Rule no. 1473-B/2008 of 17 Decemberhttps://www.anacom.pt/render.jsp?contentId=975627, in its current wording, the following fees are applicable to the use of frequencies for earth stations operating in their respective radiocommunication services:

Fees for use of frequencies (annual): amount dependent on bandwidth used by the station, according to the following tables:

Fixed and mobile satellite services:

Satellite radiodetermination, space operations and space science services:

All fees are exempt from VAT.

According to Administrative Rule no. 1473-B/2008 of 17 Decemberhttps://www.anacom.pt/render.jsp?contentId=975627, in its current wording, the following frequency usage fees apply to VSAT networks:

Fees for use of frequencies (annual): amount dependent on bandwidth used and number of network stations, in accordance with the following table:

"n": number of VSAT network earth stations.

All fees are exempt from VAT.

According to Administrative Rule no. 1473-B/2008 of 17 Decemberhttps://www.anacom.pt/render.jsp?contentId=975627, the following frequency usage fees are applicable to SNG earth stations:

a) Permanent licensing for occasional use of earth stations SNG

Frequency usage fee (annual) applicable per station: 2,542 euros;

b) Temporary licensing of SNG earth stations to cover a specific event

The use of SNG earth station on a temporary basis is subject to the provision of a license, which is valid for a maximum of one hundred and eighty days and is renewable one time and for an equal or shorter period.

The frequency usage fee applicable per station depends on the duration of use, according to the following formula:

2,542 euros x (number of days for which licence is valid) / 360 days

All fees are exempt from VAT.

According to the National Frequency Allocation Planhttps://www.anacom.pt/render.jsp?categoryId=82710, stations used exclusively for receiving satellite radiocommunications are exempt from radio licensing provided that they operate in the following frequency bands:

• 3.4-4.2 GHz;
• 10.7-12.75 GHz; and
• 17.7-20.2 GHz.

In addition, stations exclusively receiving the Radio Astronomy service, the Satellite Radio-determination service, the Satellite Meteorology service or the Satellite Earth Observation service are also exempt from radioelectric licensing.

However, the stations exclusively receiving the Radio Astronomy service or the Satellite Radio-determination service may be licensed if the applicant requests protection against harmful interference.

No radio fees are applicable to radio stations used exclusively for receiving satellite radiocommunications where these are exempt from licensing. However licensed receive only stations are subject to the payment of an annual fee amounting to 50 euros.

According to the National Frequency Allocation Planhttps://www.anacom.pt/render.jsp?categoryId=82710, civilian use of the 13.75-14 GHz frequency band is prohibited.