Administrative Rule no. 291-A/2011, of 4 November

Official Portuguese version published in D.R. number 212 (Serie I - Suplement) of 4 November 2011

Ministério da Economia e do Emprego (Minister for Economy and Employment)

Administrative Rule


(This is not an official translation of the law)

Administrative Rule number 1473-B/2008, of 17 December, rectified by Statement number 16-A/2009, of 13 February, and amended by Administrative Rules number 567/2009, of 27 May and number 1307/2009, of 19 October, approved the amount of fees due to ICP - Autoridade Nacional das Comunicações (ICP - ANACOM).

In fact, this administrative rule combined in a single statutory instrument the fees provided for in Law number 5/2004, of 10 February (ECL - Electronic Communications Law), making a fundamental change to the spectrum tariff model so far in force, as well as other fees scattered in administrative rules and orders that implement the respective establishing instruments, namely fees applicable in the scope of the amateur and amateur-satellite services, the Personal Radio Service – Citizens’ Band, the construction of infrastructures for telecommunications in buildings (ITED), audio-text services and value-added message-based services and the exercise of the postal activity.

As regards fees for the use of radio spectrum, it should be recalled that the amendment to the fee model, in order to comply with ECL requirements, aimed fundamentally at promoting an effective use of this resource. The approach generally adopted to calculate these fees is to tax the allocated spectrum, discouraging the possession of more spectrum than required, as the cost imposed is independent of the level of use. Consequently, behaviours that are contrary to the proper functioning of the market are penalised.

The administrative rule determined, in particular, a fee of (Euro) 120 000/MHz for the radio spectrum allocated to the land mobile service. This value takes into account the economic benefit an effective operator may achieve with the allocation of 1 MHz of radio spectrum, considering, conceptually, the opportunity cost it may incur in if it opts for an alternative that enables it to maintain the provision of the same electronic communications service.

The mobile communications field has shown developments towards the increase of the effectiveness of spectrum use, namely as regards the possibility of a simultaneous use of the various frequency ranges, the technological development of equipment, the optimization of network planning, the shared set up with other technologies and a higher energy efficiency. Moreover, an amount of radio spectrum has been released to support electronic communications services, in compliance with provisions of the National Frequency Allocation Plan, in particular as a result of the so-called “digital dividend”, which will be made available in the scope of the auction for allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands. Measures to use this resource in a more efficient way have also been adopted, such as the refarming of spectrum in the 900 MHz and 1800 MHz bands.

These developments justify, almost three years after the application of the new radio spectrum tariff, the review of fees that apply to the use of radio spectrum for the provision of electronic communications services, in order to significantly reduce their value. For this reason, considering in particular the aspects mentioned above, that help leveraging an optimal use of spectrum, a decrease by 50% of the fee for use of spectrum is established for that type of radio communications services.

This reduction takes into account measure No 5.19 established in the reviewed version of the Memorandum of Understanding on Specific Economic Policy Conditionality, concluded between the Portuguese Government and the International Monetary Fund, the European Central Bank and the European Commission.

In the case of radio fees, it should also be referred that as far as frequencies in the 800 MHz band are concerned, the payment in full of the respective fee will only take place after the end of restrictions to its use throughout the national territory.

It should also be referred that the payment of two times the fee for the use of radio spectrum in the scope of mobile communications services where the rights of use exceed 35 MHz has been excluded, given the additional amount of radio spectrum which is expected to be allocated in the auction for allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands. The provision concerning the reduction by 50% of fees of use of spectrum that apply to new networks in the first three years is also reviewed, so as to clarify the entities that are covered by this reduction, namely excluding those who already hold a substantial amount of spectrum (exceeding 60 MHz in the scope of frequencies designated for terrestrial electronic communications services).

Amendments introduced as regards fees for use of radio spectrum took into account the comments received by ICP - ANACOM in the scope of the regulatory procedure to which was submitted the draft version of the regulation of the auction for allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, recently approved through this Authority’s Regulation number 560-A/2011, of 19 October.

ICP - ANACOM takes also this opportunity to incorporate fees for use of spectrum related to complementary earth stations inherent to the implementation of the mobile satellite service in the 2 GHz band, as well as to update the fixed service (radio) fees, to cover the development of equipment that allows the operation in higher bands of spectrum.

On the other hand, it is also relevant to set fees provided for in Decree-Law number 123/2009, of 21 May, as amended by Decree-Law number 258/2009, of 25 September, which governs the legal regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), and which repeals Decree-Law number 59/2000, of 19 April. That statutory instrument makes the registration of ITUR installers and respective renewal, registration of ITED installers and respective renewal, registration renewal of ITED technicians and registration of ITED and ITUR training providers and respective renewal, subject to the payment of fees, and the amount of such fees is determined according to the administrative costs of the respective acts of registration or renewal.

Fees for use of numbers concerning the creation of codes to accommodate new electronic communications services in the scope of the National Numbering Plan are also determined.

Lastly, it should be referred that the amount due for the allocation of rights of use for frequencies as provided for in ICP - ANACOM Regulation number 560-A/2011, of 19 October, that laid down the auction procedure for the allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, is also established.

Therefore:
The Government, through its Minister for Economy and Employment, pursuant to paragraphs 2 and 3 of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, paragraph 7 of article 19 of Decree-Law number 151-A/2000, of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, paragraph 2 of article 56 and paragraph 2 of article 86, both of Decree-Law number 123/2009, of 21 May, as amended and republished by Decree-Law number 258/2009, of 25 September, hereby orders as follows:

Article 1
Amendment to Administrative Rule number 1473-B/2008, of 17 December

Paragraphs 1, 2, 11, 15, 16, 17 and 22 of Administrative Rule number 1473-B/2008, of 17 December, rectified by Statement number 16-A/2009, of 13 February, and amended by Administrative Rules number 567/2009, of 27 May and number 1307/2009, of 19 October, shall read as follows:

«1.
[...]

a) The issue of statements supporting rights granted by ICP-ANACOM, for the allocation of rights of use for frequencies and for the allocation of rights of use for numbers, and their reservation, provided for respectively, in paragraphs 1 a), c) and d) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, included in annex I hereto, which is an integral part hereof;

b) The provision of publicly available electronic communications networks and services,  provided for in paragraph 1 b) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, included in annex II hereto, which is an integral part hereof;

c) The use of numbers, provided for in paragraph 1 e) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, included in annex III hereto, which is an integral part hereof;
d) The use of frequencies, provided for in paragraph 1 f) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, and in paragraphs 1 and 7 of article 19 of Decree-Law number 151-A/2000, of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, included in annex IV hereto, which is an integral part hereof;

e) ...

f) ...

g) Registration with ICP - ANACOM of ITUR installers and respective renewal, registration of ITED installers and respective renewal, registration renewal of ITED technicians, registration of ITED and ITUR training providers and respective renewal, provided for in paragraphs 1 of articles 56 and 86 of Decree-Law number 123/2009, of 21 May, as amended and republished by Decree-Law number 258/2009, of 25 September, which governs the regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), included in annex VII hereto, which is an integral part hereof;

h) The access to and provision of audio-text services and value-added message-based services, provided for in paragraphs 1 and 2 of article 11 of Decree-Law number 177/99 of 21 May, as amended and republished by Decree-Law number 63/2009, of 10 March, subsequently amended by Law number 51/2011, of 13 September, included in annex VIII hereto, which is an integral part hereof;
i) ...

2.

The annual fee due for the provision of publicly available electronic communications networks and services, for the use of numbers and for the use of frequencies, provided for respectively in paragraphs 1 b), e) and f) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, shall be paid in September every year.

11.

The provision in the preceding paragraph shall not apply to the use of spectrum resulting from the granting of new rights of use for frequencies, as well as from the issue of new radio licenses.

15.

1 - As regards the allocation of spectrum to bands that, under the NFAP, are subject to the allocation of rights of use for frequencies and in which qualified bodies do not hold any frequencies, a reduction by 50% shall be applied on the amount of fees due for the use of spectrum in the first three years from the issue of the corresponding qualifying documents, without prejudice to the cases of other networks specifically provided for in annex IV hereto.

2 - Bodies that at the time of spectrum allocation have held for over three years, cumulatively, an amount of spectrum exceeding 60 MHz in bands in the scope of sections 1.1, 1.2.1 and 1.2.2 of annex IV hereto are not covered by the reduction provided for in the preceding paragraph.

16.

Bodies referred to in paragraph 5 of article 19 of Decree-Law number 151-A/2000 of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, shall be applied a reduction by 70% on the amount of fees due for the use of frequencies.

17.

As regards temporary licenses provided for in article 13 of Decree-Law number 151-A/2000 of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, the following rules apply:

a) ...
b) ...
c) ...

22.

1 - Fees due for ported numbers shall be presented to the donor provider, defined in ICP-ANACOM Regulation number 58/2005 of 18 August, as amended by Regulations number 87/2009, of 18 February and 302/2009, of 16 July (Portability Regulation) as the company responsible for numbering resources initially allocated by the regulator and from which the subscriber switches over in the first portability order, that donor provider being entitled to recover the same value from the company to which the customer has switched.

2 - Where a donor provider cancels, pursuant to article 11 of the Portability Regulation, a service with numbers ported to other providers, fees for those numbers shall be presented to the latter and shall be due from the date of cancellation of the service or from the date on which numbers are ported, in the first portability order, where this is a later date.»

Article 2
Amendment to annexes III, IV and VII of Administrative Rule number 1473-B/2008, of 17 December

Annexes III, IV and VII of Administrative Rule number 1473-B/2008, of 17 December, rectified by Statement number 16-A/2009, of 13 February, and amended by Administrative Rules number 567/2009, of 27 May, and number 1307/2009, of 19 October, shall be replaced by annexes I, II and III hereto, which are an integral part hereof.

Article 3
Fee for auction allocation of rights of use of frequencies

The fee due for allocation of rights of use of frequencies in the terms provided for in ICP - ANACOM Regulation number 560-A/2011, of 19 October, rectified by Statement number 1606/2011, of 26 October, that laid down the auction procedure for the allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands is set at (Euro) 1000.

Article 4
Transitory provision

Until the end of geographical restrictions imposed on the operation in the 800 MHz band, under annex 1 to ICP - ANACOM Regulation number 560-A/2011, of 19 October, rectified by Statement number 1606/2011, of 26 October, that laid down the auction procedure for the allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, the fee applicable to that band, provided for in section 1.1 of annex IV to Administrative Rule number 1473-B/2008, of 17 December, as amended by this Administrative Rule, shall be reduced by 50%.

Article 5
Repealing provision

Paragraphs 5 to 9 of Administrative Rule number 1473-B/2008, of 17 December, rectified by Statement number 16-A/2009, of 13 February, and amended by Administrative Rules number 567/2009, of 27 May and number 1307/2009, of 19 October, are hereby repealed.

Article 6
Republication

Administrative Rule number 1473-B/2008, of 17 December, in its current wording, is republished in annex IV hereto, which is deemed to be an integral part hereof.

Article 7
Entry into force

1 - This Administrative Rule shall enter into force on the day following that of its publication.
2 - Annex II hereto shall only take effect after the conclusion of the auction procedure for the allocation of rights of use of frequencies in the 450 MHz, 800 MHz, 900 MHz, 1800 MHz, 2.1 GHz and 2.6 GHz bands, as provided for in ICP - ANACOM Regulation number 560-A/2011, of 19 October, rectified by Statement number 1606/2011, of 26 October.

The Minister for Economy and Employment, Álvaro Santos Pereira, on 3 November 2011.


ANNEX I


ANNEX III
Fees due for the use of numbers

[Paragraph 1 e) of article 105 of ECL]

1 - In order to determine the amount of the annual fee due for the use of numbers, four different fees, A, B, C, and D, are hereby created and must be applied according to the type and scarcity of numbering resources.

2 - The following values are hereby established:

a) Fee A, €0,02 (no VAT) by reference to a 9-digit number of range «2» of the Telecommunications National Numbering Plan (ITU-T Recommendation E. 164);
b) Multiplication factor that correlates each fee B, C and D with reference fee A, corresponding respectively to 2, 1000 and 10 000.

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:
(Vide original document)

4 - The amount of the annual fee due for the use of numbers shall be calculated according to the following formula:
(Vide original document)

5 - By applying the “occupier pays” principle, the fee for use corresponding to a code/number of the Telecommunications National Numbering Plan (ITU-T Recommendation E. 164) of a length exceeding or not exceeding nine digits decreases or increases by multiples of 10 inversely with that length.

6 - Due to limitations for which service providers are not responsible, the fee for the use of numbers of the service of access to data networks and of the audio-text service shall be determined based on the following specific criteria:
a) Each access code of the service of access to data networks, the number of which has the format «67PPxy000» where «67» is the service access code, «PP» is the provider code, «xy» is the field managed by the provider and «000» the compulsory field for formatting the nine-digit number, shall correspond to the effective use of 100 numbers;
b) Each access code of the audio-text service, the number of which has the format «6XXTPPabc» where «6XX» is the service access code, «T» is the tariff defined by the provider, «PP» is the audio-text provider code, and «abc» is the three-digit field managed by the provider, shall correspond to the effective use of 1000 numbers per each tariff T used by the provider.

ANNEX II

ANNEX IV
Radio fees

[Paragraph 1 f) of article 105 of ECL]

1 – Fees due for the use of frequencies:

Fees due for the use of frequencies, pursuant to paragraph 3 of article 105 of Law number 5/2004 of 10 February, shall amount to:

1.1 - Fees due for the use of frequencies designated for terrestrial electronic communications services:

(Vide original document)

1.2 - Fees due for the use of frequencies for mobile services:

1.2.1 - Mobile service with shared resources:
(Vide original document)

1.2.2 - Land mobile service
(Vide original document)

1.2.3 - Land mobile service - Railway communications system (GSM-R):
Applicable fee per «service area» and per megahertz:

(Vide original document)

The fee due for the allocation of spectrum for the establishment of new radiocommunication networks is reduced by 50% during the first three years of the radio license.

1.2.4 - Land mobile service - private networks:
Fee applicable per each channel assigned per cell:
(Vide original document)

1.2.5 - Aeronautic mobile service:
Fee applicable per station:
(Vide original document)

1.2.6 - Maritime mobile service:
Fee applicable per station:
(Vide original document)

1.3 - Fees due for the use of frequencies for the broadcasting service:

1.3.1 - Broadcasting service (sound) in decametric waves (short wave)
Fee applicable per transmitter:
(Vide original document)

1.3.2 - Broadcasting service (sound) in hectometric waves (medium wave)
Fee applicable per station:
(Vide original document)

1.3.3 - Broadcasting service (sound) operating in frequency modulation (FM)
Fee applicable according to the type of network coverage:
(Vide original document)

1.3.4 - Terrestrial digital audio broadcasting service (T-DAB)
Fee applicable for network coverage:
(Vide original document)

1.3.5 - Terrestrial analogue television broadcasting service
Fee applicable for network coverage:
(Vide original document)

1.3.6 - Digital television broadcasting service
Fee applicable per multiplexer:
(Vide original document)

1.4 - Fees due for the use of frequencies for the fixed service:

1.4.1 - Fixed service - point-to-point and point-to-multipoint fixed links operating in frequency bands equal to or greater than 1 GHz (except FWA and MMDS)
Fee applicable per bidirectional connection and per assigned channel:
(Vide original document)

Where L stands for the link path lenght in kilometres (to three decimal places).

Point-to-multipoint fixed links are made up of a set of point-to-point fixed links. In this particular case, the fee to be applied results from the sum of fees calculated for each point-to-point fixed link.

The fee applied to a second co-channel fixed link, on the same route and with cross-polarization, is reduced by 50%.

Unidirectional fixed links are applied a reduction by 25% relatively the fee amount that applies to bidirectional connections.

The minimum amount of the fee applicable per fixed link and per assigned channel shall be €50.

1.4.2 - Fixed service - point-to-point and point-to-multipoint fixed links intended for occasional use operating in frequency bands equal to or greater than 1 GHz
Fee applicable per network and per assigned channel:
(Vide original document)

1.4.3 - Fixed service - point-to-point fixed links operating in frequency bands lower than 1 GHz
Fee applicable per network and per assigned channel:
(Vide original document)

The fee applied to a second co-channel fixed link, on the same route and with cross-polarization, is reduced by 50%.

1.4.4 - Fixed service - point-to-point fixed links intended for occasional use operating in frequency bands lower than 1 GHz
Fee applicable per network and per assigned channel:
(Vide original document)

1.4.5 - Fixed service - point-to-multipoint fixed links operating in frequency bands lower than 1 GHz
Fee applicable per network and per assigned channel:
(Vide original document)

1.4.6 - Fixed service - point-to-multipoint fixed links intended for occasional use operating  in frequency bands lower than 1 GHz
Fee applicable per network and per assigned channel:
(Vide original document)

1.4.7 - Fixed service - point-to-multipoint fixed links - MMDS (Multipoint Microwave Distribution System)
Fee applicable per central station:
(Vide original document)

1.4.8 - Fixed Wireless Access system (FWA) and Broadband Wireless Access (BWA)
(Vide original document)

1.4.9 - Fixed service - links in decametric and hectometric waves
Fee applicable per station:
(Vide original document)

1.5 - Fees due for the use of frequencies for the radiodetermination service:

1.5.1 - Land radiodetermination service
Fee applicable per station:
(Vide original document)

1.6 - Fees due for the use of frequencies for the satellite radio services

1.6.1 - Radiodetermination satellite service: space operations service
Fee applicable per earth station:
(Vide original document)

1.6.2 - Space scientific services:
Earth exploration satellite service;
Meteorological satellite service;
Space research service.

Fee applicable per earth station:
(Vide original document)

1.6.3 - Fixed satellite service and mobile satellite service:
1.6.3.1 - Fee applicable per earth station:
(Vide original document)

1.6.3.2 - Fee applicable per complementary earth station:
(Vide original document)

1.6.4 - Fixed Satellite Service - VSAT (Very Small Aperture Terminal) earth stations
Fee applicable per VSAT stations network:
(Vide original document)

1.6.5 - Fixed Satellite Service - SNG (Satellite News Gathering) earth stations
Fee applicable per earth station:
(Vide original document)

1.6 - Fees due for the use of frequencies for other radio services:
1.7.1 - Licensed receiving stations
Fee applicable per station:
(Vide original document)

1.7.2 - Services ancillary to programme making/services ancillary to broadcasting (SAP/SAB applications)
Fee applicable per network and per assigned channel:
(Vide original document)

1.7.3 - Stations with utility or recreational purposes
Fee applicable per station intended for utility or recreational purposes, operating in frequency bands to be used by industrial, scientific or medical applications, according to Radio Regulation:
(Vide original document)

1.7.4 - Telecontrol stations
Fee applicable per station for the purposes of telecontrol, telemetry, telealarm, data transfer in non-harmonized frequency bands, with power ranges between 200 mW and 5 W:
(Vide original document)

1.8 - Fees applicable to the Radio Data System (RDS) – for the purpose of RDS installation and operation, pursuant to paragraph 1 of article 8 of Decree-Law number 272/98, of 2 September, the following fees apply:
(Vide original document)

ANNEX III


ANNEX VII
Fees dues for the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings and buildings


(Paragraph 1 of articles 56 and 86 of Decree-Law number 123/2009, of 21 May)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law number 123/2009, of 21 May, as amended by Decree-Law number 258/2009, of 25 September, which governs the regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), amount to:

(Vide original document)

ANNEX IV


(Referred to in article 6)

Republication of Administrative Rule number 1473-B/2008, of 17 December
1.


Approval is granted to the amount of fees that are due for:

a) The issue of statements supporting rights granted by ICP-ANACOM, for the allocation of rights of use for frequencies and for the allocation of rights of use for numbers, and their reservation, provided for respectively, in paragraphs 1 a), c) and d) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, included in annex I hereto, which is an integral part hereof;

b) The provision of publicly available electronic communications networks and services,  provided for in paragraph 1 b) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, included in annex II hereto, which is an integral part hereof;

c) The use of numbers, provided for in paragraph 1 e) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, included in annex III hereto, which is an integral part hereof;

d) The use of frequencies, provided for in paragraph 1 f) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, and in paragraphs 1 and 7 of article 19 of Decree-Law number 151-A/2000, of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, included in annex IV hereto, which is an integral part hereof;

e) The Amateur and Amateur-Satellite Services, provided for in paragraph 1 of article 19 of Decree-Law number 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) The registration of users of the Personal Radio Service – Citizens’ Band (CB), provided for in paragraph 1 of article 11 of Decree-Law number 47/2000, of 24 March, included in annex VI hereto, which is an integral part hereof;

g) Registration with ICP - ANACOM of ITUR installers and respective renewal, registration with ICP - ANACOM of ITED installers and respective renewal, registration renewal of ITED technicians, registration of ITED and ITUR training providers and respective renewal, provided for in paragraph 1 of articles 56 and 86 of Decree-Law number 123/2009, of 21 May, as amended and republished by Decree-Law number 258/2009, of 25 September, which governs the regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), included in annex VII hereto, which is an integral part hereof;

h) The access to and provision of audio-text services and value-added message-based services, provided for in paragraphs 1 and 2 of article 11 of Decree-Law number 177/99 of 21 May, as amended and republished by Decree-Law number 63/2009, of 10 March, subsequently amended by Law number 51/2011, of 13 September, included in annex VIII hereto, which is an integral part hereof;

i) The access to and provision of postal services in a competitive market, provided for in paragraph 1 of article 19 of Decree-Law number 150/2001, of 7 May, as amended by Decree-Law number 116/2003, of 12 June, included in annex IX hereto, which is an integral part hereof.

2.

The annual fee due for the provision of publicly available electronic communications networks and services, for the use of numbers and for the use of frequencies, provided for respectively in paragraphs 1 b), e) and f) of article 105 of Law number 5/2004 of 10 February, as amended and republished by Law number 51/2011, of 13 September, shall be paid in September every year.

3.

In order to pay the fee referred in the preceding paragraph, the respective providers shall submit to ICP-ANACOM, by 30 June every year, a statement signed by the body empowered to bind the legal person, acknowledged as such, indicating the amount of relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity.

4.

1 - Where the provider of electronic communications networks and services ceases its activity before 30 June of each calendar year, a statement must be sent to ICP-ANACOM within 15 days from the date of termination of activity, indicating relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, for the purpose of immediate payment of fee.

2 - In the situation mentioned in the preceding paragraph, the annual fee is due up to the date on which the registration with ICP-ANACOM as provider of electronic communications networks and services is cancelled.

5.

(Repealed.)

6.

(Repealed.)

7.

(Repealed.)

8.

(Repealed.)

9.

(Repealed.)

10.

Fees due for the use of frequencies allocated to radio and television broadcasting shall be paid temporarily in a phased manner, in the course of a five-year period, according to the formula in the following table:

Factors to be applied during the transition period (five years) for fees for use of frequencies - broadcasting services

(Vide original document)

11.

The provision in the preceding paragraph shall not apply to the use of spectrum resulting from the granting of new rights of use for frequencies, as well as to the issue of new radio licenses.

12.

The amount of the annual fee due for the use of frequencies shall correspond to the number of days of use in each calendar year.

13.

Where radio licenses are altered during a calendar year, annual fees shall be adjusted proportionally on the next payment, according to the date on which the application for alteration was granted.

14.

In case of termination of activity, annual fees for the use of frequencies and numbers are due up to the date on which the application for termination was granted, and in case fees have already been paid, this payment must be reviewed.

15.

1 - As regards the allocation of spectrum to bands that, under the NFAP, are subject to the allocation of rights of use for frequencies and in which qualified bodies do not hold any frequencies, a reduction by 50% shall be applied on the amount of fees due for the use of spectrum in the first three years from the issue of the corresponding qualifying documents, without prejudice to the cases of other networks specifically provided for in annex IV hereto.

2 - Bodies that at the time of spectrum allocation have held for over three years, cumulatively, an amount of spectrum exceeding 60 MHz in bands in the scope of sections 1.1, 1.2.1 and 1.2.2 of annex IV hereto are not covered by the reduction provided for in the preceding paragraph.

16.

Bodies referred to in paragraph 5 of article 19 of Decree-Law number 151-A/2000 of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, shall be applied a reduction by 70% on the amount of fees that apply for the use of frequencies.

17.

As regards temporary licenses provided for in article 13 of Decree-Law number 151-A/2000 of 20 July, as amended and republished by Decree-Law number 264/2009, of 28 September, the following rules apply:

a) The amount due shall be calculated according to the following formula: «Annual fee applicable x (number of days of validity of the license/360 days)»;

b) In case the license application for a temporary use of frequencies is not submitted to ICP-ANACOM at least 10 days ahead of the date on which the license is supposed to start operating, the fee that results from the formula provided for in the preceding paragraph shall be increased by 50% of the value, a minimum amount of €75 being due;

c) The minimum amount of the fee for use of frequencies that applies to stations or networks, in the scope of each radiocommunication service/application to be used in temporary events, shall be €50.

18.

Fees due for the granting of rights of use for numbers and their reservation, and for the use of numbers, apply to NNP resources, including numbering resources managed by international bodies within which ICP-ANACOM has notification obligations.

19.

The fee due for the granting of rights of use for numbers or for their reservation shall comply with the following rules:

a) It shall be a single fee, following the granting of an application for allocation or reservation of resources, and shall not depend on the number or type of numbers included on such application;

b) In case of transfer of rights of use for numbers, it shall be due by the body undertaking the transfer.

20.

The fee provided for in the preceding paragraph shall not be paid where:

a) The extension of the period of reservation of rights of use for numbers is applied for;

b) The alteration of the resource status from reserved to allocated is applied for.

21.

The fee due for the use for numbers shall comply with the following rules:

a) To the allocation or reservation of rights of use for numbers shall apply the same amount;

b) It shall be proportional to the amount of resources the rights of use of which are allocated or reserved, and shall not depend on the amount of those being effectively used or activated;

c) It shall be proportional to the period of use on a monthly basis, in case of reservation and/or allocation of rights of use with a duration shorter than one year,  for this purpose all fractions of one month being deemed as a full month;

d) It shall be paid in the calendar year concerned in case rights of use for numbers are granted before the month of September;
e) In case of transfer of rights of use for numbers, it shall be due by the body to which rights are transferred, as from the month following that on which the transfer is authorized by ICP-ANACOM.

22.

1 - Fees due for ported numbers shall be presented to the donor provider, defined in ICP-ANACOM Regulation number 58/2005 of 18 August, as amended by Regulations number 87/2009, of 18 February and 302/2009, of 16 July (Portability Regulation) as the company responsible for numbering resources initially allocated by the regulator and from which the subscriber switches over in the first portability order, that donor provider being entitled to recover the same value from the company to which the customer has switched.

2 - Where a donor provider cancels, pursuant to article 11 of the Portability Regulation, a service with numbers ported to other providers, fees for those numbers shall be presented to the latter and shall be due from the date of cancellation of the service or from the date on which numbers are ported, in the first portability order, where this is a later date.».

23.

The following statutory instruments are hereby repealed:

a) Administrative Rule number 394/98, of 11 July;
b) Administrative Rule number 462/98, of 30 July;
c) Administrative Rule number 329/2000, of 9 June;
d) Administrative Rule number 1062/2004, of 25 August;
e) Administrative Rule number 126-A/2005, of 31 January;
f) Administrative Rule number 386/2006, of 19 April;
g) Administrative Rule number 207-B/2008, of 26 February;
h) Order number 12 748/99, of 5 July;
i) Order no 13 877/2000, of 7 July;
j) Order no 21 080/2001, of 21 September.

24.

This Administrative Rule shall come into force on 1 January 2009.

ANNEX I


Fees due for the issue of statements and for the granting of rights of use for frequencies and numbers

[Paragraphs 1 a), c) and d) of article 105 of ECL]

1 – Fees due for statements supporting rights granted, issued pursuant to paragraph 5 of article 21 of Law number 5/2004, of 10 February, to providers of electronic communications networks and services, whether publicly available or not, as well as for the respective endorsements, amount to:

(Vide original document)

2 – The amount of fees due for the granting of rights of use for frequencies, mentioned in paragraph 1c) of article 105 of Law number 5/2004, of 10 February, shall be defined according to the respective procedure for allocation, which may consist of competitive or comparative selection, including an auction or tender, of a full access regime or following selection procedures launched by a third party, according to the following table:

(Vide original document)

3 –  Fees due for the granting of rights of use for numbers or their reservation, mentioned in paragraph 1d) of article 105 of Law number 5/2004 of 10 February amount to:

(Vide original document)

ANNEX II

Annual fees due for the provision of electronic communications networks and services

[Paragraph 1 b) of article 105 of ECL]

1 – The annual fee due for the provision of publicly available electronic communications networks and services, provided for in paragraph 1 b) of article 105 of Law number 5/2004 of 10 February, shall be calculated based on the amount of relevant revenues directly connected to the pursue of the activity achieved in the calendar year preceding that on which the fee is paid, according to steps indicated in the table below:

(Vide original document)

Method of calculation of fee T2

Ti (Year n) = fee due by bodies of step i (i = 0, 1, 2) in Year n;

T1 (Year n) = fee due by bodies of step 1 in Year n;

T2 (Year n) = fee due by bodies of step 2 in Year n;

ni (Year n) = number of bodies of step i (i = 0, 1, 2) in Year n;

Pi (Year n-1) = relevant revenues of bodies of step i (i = 0, 1, 2) in Year n-1, which must be submitted to ICP-ANACOM pursuant to paragraph 5 hereof;

∑Pi (Year n-1) = total of relevant revenues of bodies of step i ( i = 0, 1, 2) in Year n-1;

C (Year n) = total of administrative costs borne by ICP-ANACOM concerning paragraph 1b) of article 105 of Law number 5/2004 of 10 February, to be published pursuant to paragraph 5, which must be taken into consideration for Year n;

P2 (Year n-1) = relevant revenues of bodies of step 2 in Year (n-1);

t2 (Year n) = [C(Year n) - ∑T1n1(Year n)]/ ∑P2(Year n-1) [contribution rate (%) of companies of step 2 for Year n];

T2 (Year n) = t2(Year n) x P2 (Year n-1)

2 – The value of the t2 contribution rate that results from the formula for step 2 shall be set annually by determination of the Management Board of ICP-ANACOM and published on the respective website, following the calculation and disclosure of the total administrative costs (C (Year n)) and of the total relevant revenues of bodies of step 2 (∑P2 (Year n-1)).

3 - Relevant revenues must be calculated prior to the application of the value added tax (IVA) and shall not include the sale of terminal equipment or revenues from other activities other than the provision of electronic communications networks and services, nor revenues from dealings between companies of the same group, within the meaning of the Commercial Companies Code.

4 – Revenues resulting from:

a) The provision of universal service (defined under article 87 of Law number 5/2004) to final users, or to groups of specific final users, in the situation provided for in paragraph 2 b) of article 96 of Law number 5/2004, as well as from the provision of public pay phones under point a) of the same provision;

b) The provision of universal service to retired people and pensioners that enjoy specific conditions laid down in ICP-ANACOM’s determination of May 2007 on specific conditions for retired people and pensioners in the scope of the universal service;

c) The provision of services for which any negative operation margins must be directly compensated by the State, pursuant to the bases of concession of the telecommunications public service, shall not be considered for the purpose of calculation of relevant revenues.

5 -  Revenues resulting from the provision of the universal service referred to in point a) of the preceding paragraph shall be established on the basis of calculations undertaken by ICP-ANACOM pursuant to articles 95 and 96 of Law number 5/2004, for the purpose of calculating net costs of universal service obligations. Nevertheless, for the purpose of payment of fees due in each year, ICP-ANACOM shall provisionally accept the values of relevant revenues indicated by (the) universal service provider(s), until the referred net costs have been calculated by ICP-ANACOM, any adjustment of values being then carried out.

ANNEX III


Fees due for the use of numbers

[Paragraph 1 e) of article 105 of ECL]


1 - In order to determine the amount of the annual fee due for the use of numbers, four different fees, A, B, C, and D, are hereby created and must be applied according to the type and scarcity of numbering resources.

2 - The following values are hereby established:

a) Fee A, €0,02 (no VAT) by reference to a 9-digit number of range «2» of the Telecommunications National Numbering Plan (ITU-T Recommendation E. 164);

b) Multiplication factor that correlates each fee B, C and D with reference fee A, corresponding respectively to 2, 1000 and 10 000.

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:

(Vide original document)

4 - The amount of the annual fee due for the use of numbers shall be calculated according to the following formula:

(Vide original document)

5 - By applying the “occupier pays” principle, the fee for use corresponding to a code/number of the Telecommunications National Numbering Plan (ITU-T Recommendation E. 164) of a length exceeding or not exceeding nine digits decreases or increases by multiples of 10 inversely with that length.

6 - Due to limitations for which service providers are not responsible, the fee for the use of numbers of the service of access to data networks and of the audio-text service shall be determined based on the following specific criteria:

a) Each access code of the service of access to data networks, the number of which has the format «67PPxy000» where «67» is the service access code, «PP» is the provider code, «xy» is the field managed by the provider and «000» the compulsory field for formatting the nine-digit number, shall correspond to the effective use of 100 numbers;

b) Each access code of the audio-text service, the number of which has the format «6XXTPPabc» where «6XX» is the service access code, «T» is the tariff defined by the provider, «PP» is the audio-text provider code, and «abc» is the three-digit field managed by the provider, shall correspond to the effective use of 1000 numbers per each tariff T used by the provider.

ANNEX IV

Radio fees

[Paragraph 1 f) of article 105 of ECL]

1 – Fees due for the use of frequencies:

Fees due for the use of frequencies, pursuant to paragraph 3 of article 105 of Law number 5/2004 of 10 February, shall amount to:
1.1 - Fees due for the use of frequencies designated for terrestrial electronic communications services:

(Vide original document)

1.2 - Fees due for the use of frequencies for mobile services:

1.2.1 - Mobile service with shared resources:
(Vide original document)

1.2.2 - Land mobile service
(Vide original document)

1.2.3 - Land mobile service - Railway communications system (GSM-R):
Applicable fee per «service area» and per megahertz:
(Vide original document)

The fee due for the allocation of spectrum for the establishment of new radiocommunication networks is reduced by 50% during the first three years of the radio license.

1.2.4 - Land mobile service - private networks:
Fee applicable per each channel assigned per cell:
(Vide original document)

1.2.5 - Aeronautic mobile service:
Fee applicable per station:
(Vide original document)

1.2.6 - Maritime mobile service:
Fee applicable per station:
(Vide original document)

1.3 - Fees due for the use of frequencies for the broadcasting service:

1.3.1 - Broadcasting service (sound) in decametric waves (short wave)
Fee applicable per transmitter:
(Vide original document)

1.3.2 - Broadcasting service (sound) in hectometric waves (medium wave)
Fee applicable per station:
(Vide original document)

1.3.3 - Broadcasting service (sound) operating in frequency modulation (FM)
Fee applicable according to the type of network coverage:
(Vide original document)

1.3.4 - Terrestrial digital audio broadcasting service (T-DAB)
Fee applicable for network coverage:
(Vide original document)

1.3.5 - Terrestrial analogue television broadcasting service
Fee applicable for network coverage:
(Vide original document)

1.3.6 - Digital television broadcasting service
Fee applicable per multiplexer:
(Vide original document)

1.4 - Fees due for the use of frequencies for the fixed service:
1.4.1 - Fixed service - point-to-point and point-to-multipoint fixed links operating in frequency bands equal to or greater than 1 GHz (except FWA and MMDS)

Fee applicable per bidirectional connection and per assigned channel:
(Vide original document)

Where L stands for the link path lenght in kilometres (to three decimal places).
Point-to-multipoint fixed links are made up of a set of point-to-point fixed links. In this particular case, the fee to be applied results from the sum of fees calculated for each point-to-point fixed link.

The fee applied to a second co-channel fixed link, on the same route and with cross-polarization, is reduced by 50%.
Unidirectional fixed links are applied a reduction by 25% relatively the fee amount that applies to bidirectional connections.
The minimum amount of the fee applicable per fixed link and per assigned channel shall be €50.

1.4.2 - Fixed service - point-to-point and point-to-multipoint fixed links intended for occasional use operating in frequency bands equal to or greater than 1 GHz

Fee applicable per network and per assigned channel:
(Vide original document)

1.4.3 - Fixed service - point-to-point fixed links operating in frequency bands lower than 1 GHz

Fee applicable per network and per assigned channel:
(Vide original document)

The fee applied to a second co-channel fixed link, on the same route and with cross-polarization, is reduced by 50%.

1.4.4 - Fixed service - point-to-point fixed links intended for occasional use operating in frequency bands lower than 1 GHz

Fee applicable per network and per assigned channel:
(Vide original document)

1.4.5 - Fixed service - point-to-multipoint fixed links operating in frequency bands lower than 1 GHz

Fee applicable per network and per assigned channel:
(Vide original document)

1.4.6 - Fixed service - point-to-multipoint fixed links intended for occasional use operating  in frequency bands lower than 1 GHz

Fee applicable per network and per assigned channel:
(Vide original document)

1.4.7 - Fixed service - point-to-multipoint fixed links - MMDS (Multipoint Microwave Distribution System)

Fee applicable per central station:
(Vide original document)

1.4.8 - Fixed Wireless Access system (FWA) and Broadband Wireless Access (BWA)

(Vide original document)

1.4.9 - Fixed service - links in decametric and hectometric waves

Fee applicable per station:
(Vide original document)

1.5 - Fees due for the use of frequencies for the radiodetermination service:

1.5.1 - Land radiodetermination service

Fee applicable per station:
(Vide original document)

1.6 - Fees due for the use of frequencies for the satellite radio services

1.6.1 - Radiodetermination satellite service: space operations service

Fee applicable per earth station:
(Vide original document)

1.6.2 - Space scientific services:

Earth exploration satellite service;
Meteorological satellite service;
Space research service.

Fee applicable per earth station:
(Vide original document)

1.6.3 - Fixed satellite service and mobile satellite service:

1.6.3.1 - Fee applicable per earth station:
(Vide original document)

1.6.3.2 - Fee applicable per complementary earth station:
(Vide original document)

1.6.4 - Fixed Satellite Service - VSAT (Very Small Aperture Terminal) earth stations

Fee applicable per VSAT stations network:
(Vide original document)

1.6.5 - Fixed Satellite Service - SNG (Satellite News Gathering) earth stations

Fee applicable per earth station:
(Vide original document)

1.6 - Fees due for the use of frequencies for other radio services:

1.7.1 - Licensed receiving stations

Fee applicable per station:
(Vide original document)

1.7.2 - Services ancillary to programme making/services ancillary to broadcasting (SAP/SAB applications)

Fee applicable per network and per assigned channel:
(Vide original document)

1.7.3 - Stations with utility or recreational purposes

Fee applicable per station intended for utility or recreational purposes, operating in frequency bands to be used by industrial, scientific or medical applications, according to Radio Regulation:
(Vide original document)

1.7.4 - Telecontrol stations

Fee applicable per station for the purposes of telecontrol, telemetry, telealarm, data transfer in non-harmonized frequency bands, with power ranges between 200 mW and 5 W:
(Vide original document)

1.8 - Fees applicable to the Radio Data System (RDS) – for the purpose of RDS installation and operation, pursuant to paragraph 1 of article 8 of Decree-Law number 272/98, of 2 September, the following fees apply:
(Vide original document)

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 – Charged fees due amount to:
(Vide original document)

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 number 53/2009, of 2 March.

ANNEX VI


Fees due for the Personal Radio Service - Citizen Band (CB)

(Paragraph 1 of article 11 of Decree-Law number 47/2000, of 24 March)


Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law number 47/2000, of 24 March, that establishes the legal regime for the use of the Personal Radio Service - Citizen Band (CB), for the registration of users, amount to:

(Vide original document)

ANNEX VII


Fees dues for the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings and buildings

(Paragraph 1 of articles 56 and 86 of Decree-Law number 123/2009, of 21 May)

Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law number 123/2009, of 21 May, as amended by Decree-Law number 258/2009, of 25 September, which governs the regime that applies to the construction of infrastructures for telecommunications in housing developments, urban settlements, concentrations of buildings (ITUR) and buildings (ITED), amount to:

(Vide original document)

ANNEX VIII

Fees due for the access to and provision of audio-text services and value-added message-based services

(Paragraphs 1 and 2 of article 11 of Decree-Law number 177/99 of 21 May, as amended by Law number 95/2001, of 20 August, and by Decree-Law number 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 number 177/99 of 21 May, as amended by Law number 95/2001, of 20 August, and by Decree-Law number 63/2009, of 10 March, that regulates the access to and the provision of audio-text services and value-added message-based services, amount to:

(Vide original document)
2 - The annual fee due for the provision of audio-text services and value-added message-based services shall be paid in July every calendar year.

3 - Where the provision of audio-text services and value-added message-based services 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.

ANNEX IX


Fees due for the access to and provision of postal services

(Paragraph 1 of article 19 of Decree-Law number 150/2001, of 7 May, as amended by Decree-Law number 116/2003, of 12 June)

1 -  Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to Decree-Law number 150/2001, of 7 May, as amended by Decree-Law number 116/2003, of 12 June, that establishes the regime of access to and provision of postal services in a competitive market, amount to:
(Vide original document)

2 – Annual fees provided for in paragraph 2 of article 19 of Decree-Law number 150/2001, of 7 May, as amended by Decree-Law number 116/2003, of 12 June, shall amount to:

a) €6000, for the pursue of activities that require a license;

b) The amount of the annual fee to be paid by authorized bodies shall be calculated based on the value of annual revenues of postal activities, on the year preceding that on which the fee is to be paid, according to steps indicated below:
(Vide original document) 

3 - The annual fee set out in the preceding paragraph shall be paid in September every calendar year.

4 - For the purposes of paragraph 2 b), operators authorized to pursue a postal activity shall submit to ICP-ANACOM, by 30 June every year, a statement signed by the body empowered to bind the postal operator, acknowledged as such, indicating the amount of relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, as well as the amount previewed to be achieved for the current year.

5 - Where the activity starts after the date referred to in the preceding paragraph, the mentioned statement shall be submitted to ICP-ANACOM within 15 days from the date on which the authorized services start to be provided, with an indication of the amount of relevant revenues previewed for the current year.

6:

1) In case the activity of the postal service provider, subject to license or authorization, terminates before 30 June of each calendar year, a statement must be sent to ICP- ANACOM within 15 days from the date of termination of activity, indicating relevant revenues achieved in the preceding calendar year directly connected to the pursue of the activity, for the purpose of immediate payment of fee.

2)  In the situation mentioned in the preceding paragraph, the annual fee for the exercise of the activity is due up to the date on which the provider’s license or authorization is revoked by ICP - ANACOM.