Law no. 47/2013, of 10 July

Assembleia da República (Assembly of the Republic)

Law

Introduces the 2nd amendment to Decree-Law No 123/2009, of 21 May, which defines the legal regime governing the construction, access to and installation of electronic communications networks and infrastructure

The Assembleia da República (the Assembly of the Republic), under article 161 c) of the Constitution, hereby decrees as follows:

Article 1
Subject-matter

This law introduces the 2nd amendment to Decree-Law No 123/2009, of 21 May, which defines the legal regime governing the construction, access to and installation of electronic communications networks and infrastructures, as amended by Decree-Law No 258/2009, of 25 September, so as to bring it in line with the following statutory instruments:

a) Law No 9/2009, of 4 March, which transposes in to the national legal order Directive 2005/36/EC of the European Parliament and of the Council, of 7 September 2005, on the recognition of professional qualifications, and Council Directive 2006/100/EC, of 20 November 2006, adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, as amended by Law No 41/2012, of 28 August;

b) Law No 99/2009, of 4 September, which approves the framework scheme of administrative offences within the communications sector, as amended by Law No 46/2011, of 24 June;

c) Decree-Law No 92/2010, of 26 July, which lays down principles and rules required to simplify the free access to and exercise of service activities and transposes to the national legal order Directive 2006/123/EC of the European Parliament and of the Council, of 12 December;

d) Decree-Law No 92/2011, of 27 July, which lays down the legal regime of the Sistema de Regulação de Acesso a Profissões (SRAP) - the Regulatory System for Access to Professions.

Article 2
Amendment to Decree-Law No 123/2009, of 21 May

Articles 19, 27, 37, 38, 41, 42, 43, 44, 45, 49, 56, 57, 67, 68, 69, 74, 75, 76, 77, 78, 79, 80, 83, 86, 88, 89, 90 and 96 of Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, are hereby amended to read as follows:

«Article 19
[...]

1 - ...
2 - ...

3 - At the request of electronic communications companies, or of any of the bodies 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 rule established in paragraph 1, pursuant to article 10 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February.

4 - ...
5 - ...
6 - ...

Article 27
[...]

1 - (Former body of the article.)

2 - Requirements established in this Chapter fully apply to companies and professionals who pursue activities referred therein on national territory, under the freedom to provide services, except for those which clearly do not apply, by their very nature, to occasional and sporadic services.

Article 37
[...]

1 - ...

a) ...
b) Engineers and technical engineers registered with the respective public professional association in compliance with the procedure laid down in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, for recognition of qualifications deemed to be equivalent to those required under the preceding point;
c) Citizens of Member States of the European Union or of the European Economic Area with qualifications equivalent to those referred in a) obtained outside Portugal, who wish to pursue their professional activity under the freedom to provide services, and who are required to lodge a prior declaration of intention at the Ordem dos Engenheiros (Chamber of Engineers) or the Ordem dos Engenheiros Técnicos (Chamber of Technical Engineers), as appropriate, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August.

2 - Public professional associations referred to in the preceding paragraph shall provide ICP – ANACOM, on terms to be agreed, with data on technicians deemed to be qualified to perform ITUR projects.

3 - ...

Article 38
[...]

...
a) ...
b) ...
c) ...
d) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in article 44.

Article 41
[...]

1 - ...

a) Natural persons with qualifications set out in paragraph 1 a) of article 37 or whose public professional association deems them to be qualified for the purpose, or to hold equivalent qualifications, recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, or further to the reception of the prior declaration referred to in article 5 of that law;

b) ...

i. Holders of a dual-certification qualification, obtained via the education and training modalities of the National Qualifications System, that integrate short ITUR training course units complying with contents defined in the National Qualifications Catalogue, or equivalent qualification recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, conducted before ICP - ANACOM;
ii. Technicians of the electricity and energy and electronics and automation training areas who passed short ITUR training course units integrated in the National Qualifications Catalogue, or equivalent qualification recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, conducted before ICP - ANACOM;
iii. Citizens of Member States of the European Union or of the European Economic Area with qualifications obtained outside Portugal that are equivalent to those referred in the first part of the preceding sub-points, who wish to pursue their professional activity in this country under the freedom to provide services, and who are required to inform ICP - ANACOM thereof by means of a prior declaration, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August;

c) (Repealed.)

2 - (Repealed.)
3 - ...

Article 42
Professional title of ITUR installer qualified by ICP - ANACOM

1 - The pursue within the national territory of the profession of ITUR installer by a technician referred in sub-points i) and ii) of point b) of paragraph 1 of the preceding article requires holding a valid professional title issued by ICP - ANACOM.

2 - In case qualifications equivalent to those referred in sub-points i) and ii) of point b) of paragraph 1 of the preceding article, obtained outside Portugal by citizens of Member States of the European Union or of the European Economic Area, are recognized, the professional title shall be issued together with the decision granting the application under article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August.

3 - In cases other than those governed by the preceding paragraph, ICP - ANACOM shall decide on the issue of the professional title within 20 days from the proper submission of the application, which must attach the certificate of qualifications, after which the application shall be deemed to have been implicitly granted, and documents demonstrating that the application was submitted and that the respective fee was paid shall be regarded as a professional title, for all legal purposes.

4 - Legislative references to ITUR installers qualified by ICP - ANACOM shall also be deemed to cover professionals referred to in sub-point iii) of point b) of the paragraph 1 of the preceding article, except where the contrary follows from the provision concerned.

Article 43
[...]

1 - ...

a) To keep up-to-date the information on their professional title, issued by ICP-ANACOM, where appropriate;
b) ...
c) ..
d) To issue a guarantee instrument concerning the execution of the installation, providing it to the developer, the contract supervisor, the construction supervisor, ICP - ANACOM and the owner or, in case of a concentrations of buildings, the respective management body;
e) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in the following article.

2 - (Repealed.)
3 - ...
4 - ...

Article 44
Training of ITUR designers and installers

1 - The training required to obtain in Portugal the qualifications referred to in sub-points i) and ii) of point b) of paragraph 1 of article 41 and the continuing training referred to in point d) of article 38 and in point e) of paragraph 1 of the preceding article shall be delivered by training providers of the National Qualifications System, identified in paragraph 1 of article 16 of Decree-Law No 396/2007, of 31 December, which include providers certified under the following article.

2 - Training courses delivered by providers referred to in the preceding paragraph shall comply with the short ITUR training units provided for in the National Qualifications Catalogue.

Article 45
Certification of training providers of ITUR designers and installers

a) The body with certification powers shall be ICP - ANACOM;
b) Training providers shall comply with obligations provided for in article 49;
c) The certification revocation procedure shall observe article 94-A;
d) Other specific requirements, in addition to or by derogation from requirements set out in the administrative rule that governs the certification of training providers, shall be approved by administrative rule of the members of the Government responsible for professional training, communications and education, in compliance with paragraph 4.

2 - The explicit or tacit certification of training providers referred to in the preceding paragraph shall be notified by electronic means to the competent central service of the ministry responsible for the professional training area, within 10 days.

3 - The certification procedure shall start after fees due have been paid by the certified training provider at the time of the submission of the certification application.

4 - The criteria to determine whether material technical requirements and technical qualifications of personnel have been fulfilled, to be established in the administrative rule referred to in point d) of paragraph 1, shall be proposed by ICP - ANACOM, in articulation with the Agência Nacional para a Qualificação, I. P. (National Qualifications Agency), which coordinates the dual certification educational and training offers and the National Qualifications Catalogue, as well as with the competent service of the ministry responsible for the professional training area.

Article 49
Obligations of training providers of ITUR designers and installers

Training providers of ITUR designers and installers shall:
a) Deliver ITUR training courses, as well as continuing training measures, in compliance with article 44;
b) ...
c) Ensure that training providers of courses mentioned in point a) are duly qualified;
d) ...
e) Supply to ICP - ANACOM information on the achievements of trainees, per course delivered, within 15 days at the most from completion of the course;
f) Inform ICP - ANACOM in advance of each training measure, indicating the respective location, date and time.

Article 56
[...]

1 - Fees shall be due for the following procedures:

a) Issue of professional title of ITUR installer qualified by ICP - ANACOM;
b) Certification of training providers of ITUR designers and installers.

2 - ...
3 - Amounts of fees referred in paragraph 1 shall be determined according to administrative costs arising from the type of procedure concerned.

Article 57
[...]

1 - (Former body of the article.)
2 - Requirements set out in this Chapter fully apply to companies and professionals who pursue activities referred therein on national territory, under the freedom to provide services, except for those which clearly do not apply, by their very nature, to occasional and sporadic services.

Article 67
[...]

1 - ...

a) ...
b) Engineers and technical engineers registered with the respective public professional association in compliance with the procedure laid down in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, for recognition of qualifications deemed to be equivalent to those required under the preceding point;
c) Citizens of Member States of the European Union or of the European Economic Area with qualifications equivalent to those referred in a) obtained outside Portugal, who wish to pursue their professional activity in this country under the freedom to provide services, and who are required to lodge a prior declaration of intention at the Ordem dos Engenheiros or the Ordem dos Engenheiros Técnicos, as appropriate, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August.
d) Other technicians registered with ICP - ANACOM as ITED designers on the date of entry into force of this Decree-Law.

2 - ITED designers referred in point d) of the preceding paragraph shall only be deemed to be qualified to subscribe ITED designs in buildings where the overall budget estimate of the work does not exceed class 2, under the legal regime of access to and pursue of the construction activity.

3 - ...

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

5 - ...

Article 68
Professional title of ITED designer qualified by ICP - ANACOM

1 - The pursue within the national territory of the profession of ITED designer by a technician referred in point d) of paragraph 1 of the preceding article requires holding a valid professional title issued by ICP - ANACOM.
2 - (Repealed.)
3 - ...

Article 69
[...]

1 - ...

a) ...
b) ...
c) ...
d) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in article 77.

2 - ...

Article 74
[...]

1 - ...

a) Natural persons with qualifications set out in paragraph 1 a) of article 67 or whose public professional association deems them to be qualified for the purpose, or to hold equivalent qualifications, recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, or further to the reception of the prior declaration referred to in article 5 of that law;
b) Natural persons with the following qualifications:
i) Holders of a dual-certification qualification, obtained via the education and training modalities of the National Qualifications System, that integrate short ITED training course units complying with contents defined in the National Qualifications Catalogue, or equivalent qualification recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, conducted before ICP - ANACOM;
ii) Technicians of the electricity and energy and electronics and automation training areas who passed short ITED training course units integrated in the National Qualifications Catalogue, or equivalent qualification recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, conducted before ICP - ANACOM;
iii) Citizens of Member States of the European Union or of the European Economic Area with qualifications obtained outside Portugal that are equivalent to those referred in the first part of the preceding sub-points, who wish to pursue their professional activity in this country under the freedom to provide services, and who are required to inform ICP - ANACOM thereof by means of a prior declaration, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August.

2 - ...

Article 75
Professional title of ITED installer qualified by ICP - ANACOM

1 - The pursue within the national territory of the profession of ITED installer by a technician referred in sub-points i) and ii) of point b) of paragraph 1 of the preceding article requires holding a valid professional title issued by ICP - ANACOM.

3 - In cases other than those governed by the preceding paragraph, ICP - ANACOM shall decide on the issue of the professional title within 20 days from the proper submission of the application, which must attach the certificate of qualifications, after which the application shall be deemed to have been tacitly granted, and documents demonstrating that the application was submitted and that the respective fee was paid shall be regarded as a professional title, for all legal purposes.

4 - Legislative references to ITED installers qualified by ICP - ANACOM shall also be deemed to cover professionals referred to in sub-point iii) of point b) of paragraph 1 of the preceding article, except where the contrary follows from the provision concerned.

Article 76
[...]

1 - ...

a) To keep up-to-date the information on their professional title, issued by ICP-ANACOM, where appropriate;
b) ...
c) ...
d) To issue a guarantee instrument concerning the execution of the installation, providing it to the developer, the contract supervisor, the construction supervisor, the owner or the management body of the building, and ICP - ANACOM;
e) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in the following article.

2 - (Repealed.)
3 - ...
4 - ...

Article 77
Qualifying training for ITED designers and installers

1 - The training required to obtain in Portugal the qualifications referred to in sub-points i) and ii) of point b) of paragraph 1 of article 74 and the continuing training referred to in point d) of paragraph 1 of article 69 and in point e) of paragraph 1 of the preceding article shall be delivered by training providers of the National Qualifications System, identified in paragraph 1 of article 16 of Decree-Law No 396/2007, of 31 December, which include providers certified under the following article.

2 - Training courses delivered by providers referred to in the preceding paragraph shall comply with the short ITUR training units provided for in the National Qualifications Catalogue.

Article 78
Certification of training providers of ITED designers and installers

a) The body with certification powers shall be ICP - ANACOM;
b) Training providers shall comply with obligations provided for in the following article;
c) The certification revocation procedure shall observe article 94-A;
d) Other specific requirements, in addition to or by derogation from requirements set out in the administrative rule that governs the certification of training providers, shall be approved by administrative rule of the members of the Government responsible for professional training, communications and education, in compliance with paragraph 4.

3 - The certification procedure shall start after fees due have been paid by the certified training provider at the time of the submission of the certification application.

Article 79
Obligations of training providers of ITED designers and installers

...
a) Deliver ITED training courses, as well as continuing training measures, in compliance with article 77;
b) ...
c) Ensure that training providers of courses mentioned in point a) are duly qualified;
d) ...
e) Supply to ICP - ANACOM information on achievements of trainees, per course delivered, within 15 days at the most from the completion of the course;
f) Inform ICP - ANACOM in advance of each training measure, indicating the respective location, date and time.

Article 80
[...]

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

Article 83
Alteration of infrastructures in buildings

1 - The alteration of telecommunications infrastructures , namely for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and installed by an installer, both of which must be duly qualified for the purpose, according to the ITED manual.

2 - For the purpose of the preceding paragraph, the designer and installer shall issue guarantee instruments and provide them 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 86
[...]

1 - Fees shall be due for the following procedures:

a) Issue of professional title of ITED installer qualified by ICP - ANACOM;
b) Certification of training providers of ITED designers and installers.

2 - ...
3 - Amounts of fees referred in paragraph 1 shall be determined according to administrative costs arising from the type of procedure concerned.

Article 88
[...]

1 - ...
2 - ...
3 - For the purpose of the enforcement of legal, regulatory and technical obligations resulting from the regime provided for in Chapters V and VI, municipal councils shall provide ICP - ANACOM with access to prior control files provided for in the urban building and development legal regime, approved by Decree-Law No 555/99, of 16 December, that involve electronic communications networks and infrastructures.

Article 89
[...]

1 - ...
2 - ...

a) ...
b) ...
c) ...
d) ...
e) ...
f) ...
g) ...
h) ...
i) ...
j) ...
l) ...
m) ...
n) ...
o) ...
p) ...
q) (Repealed.)
r) ...
s) ...
t) (Repealed.)
u) Delivery of training courses, including continuing training measures, contrary to paragraph 2 of article 44, as well as its pursue by bodies who fail to be certified pursuant to paragraph 1 of article 45;
v) (Repealed.)
x) Failure to comply with obligations provided for in article 49;
z) ...
aa) ...
bb) ...

3 - ...

a) ...
b) ...
c) ...
d) ...
e) ...
f) ...
g) ...
h) ...
i) ...
j) ...
l) (Repealed.)
m) (Repealed.)
n) ...
o) ...
p) (Repealed.)
q) Delivery of training courses, including continuing training measures, contrary to paragraph 2 of article 77, as well as its pursue by bodies who fail to be certified pursuant to article 78;
r) Failure to comply with obligations provided for in article 79;
s) Alteration of telecommunications infrastructures in buildings without respecting the regime set out in article 83;
t) (Repealed.)
u) ...
v) ...

4 - ...

5 - Non-compliance with points d) and i) of paragraph 1, points h), j) and aa) of paragraph 2 and points g) and h) of paragraph 3, shall be deemed to be serious offences.

6 - Non-compliance with points a), b), c), e), f), g), h), j), l), m), n), o), p), q) and r) of paragraph 1, points a), b), c), d), e), f), g), i), n), o), r), s), u), x), z) and bb) of paragraph 2, points a), b), c), d), e), f), i), j), n), o), q), r), s), u) and v) of paragraph 3 and paragraph 4 shall be deemed to be very serious offences.

7 - Serious offences provided for in paragraph 1 shall be liable to the following fines:

a) Between (Euro) 500 and (Euro) 7 500, where committed by a natural person;
b) Between (Euro) 1 000 and (Euro) 10 000, where committed by a micro-enterprise;
c) Between (Euro) 2 000 and (Euro) 25 000, where committed by a small enterprise;
d) Between (Euro) 4 000 and (Euro) 50 000, where committed by a medium-sized enterprise;
e) Between (Euro) 10 000 and (Euro) 1 000 000, where committed by a large enterprise.

8 - Very serious offences provided for in paragraph 1, as well as those provided for in paragraph 4, where matters in Chapters II, III and IV are concerned, shall be liable to the following fines:

a) Between (Euro) 1 000 and (Euro) 20 000, where committed by a natural person;
b) Between (Euro) 2 000 and (Euro) 50 000, where committed by a micro-enterprise;
c) Between (Euro) 6 000 and (Euro) 150 000, where committed by a small enterprise;
d) Between (Euro) 10 000 and (Euro) 450 000, where committed by a medium-sized enterprise;
e) Between (Euro) 20 000 and (Euro) 5 000 000, where committed by a large enterprise.

9 - Serious offences provided for in paragraphs 2 and 3 shall be liable to the following fines:

a) Between (Euro) 500 and (Euro) 5 000, where committed by a natural person;
b) Between (Euro) 750 and (Euro) 7500, where committed by a micro-enterprise;
c) Between (Euro) 1 500 and (Euro) 15 000, where committed by a small enterprise;
d) Between (Euro) 3 000 and (Euro) 50 000, where committed by a medium-sized enterprise;
e) Between (Euro) 7500 and (Euro) 250 000, where committed by a large enterprise.

10 - Very serious offences provided for in paragraphs 2 and 3, as well as those provided for in paragraph 4, where matters in Chapters V and VI are concerned, shall be liable to the following fines:

a) Between (Euro) 1 000 and (Euro) 10 000, where committed by a natural person;
b) Between (Euro) 1 500 and (Euro) 15 000, where committed by a micro-enterprise;
c) Between (Euro) 4 000 and (Euro) 50 000, where committed by a small enterprise;
d) Between (Euro) 8 000 and (Euro) 250 000, where committed by a medium-sized enterprise;
e) Between (Euro) 16 000 and (Euro) 1 000 000, where committed by a large enterprise.

11 - (Former paragraph 7.)

12 - (Former paragraph 8.)

13 - Breaches provided for herein, in their attempted or negligent forms, shall be punishable under article 4 of Law No 99/2009, of 4 September, which approves the framework scheme of administrative offences within the communications sector, as amended by Law No 46/2011, of 24 June.

14 - (Former paragraph 10.)

Article 90
[...]

1 - (Former introductory part of the article.)

a) [Former point a) of the introductory part of the article.]
b) Prohibition of carrying on the respective activity up to a maximum of two years, for breaches provided for in points e), n), o), first part of point s), u) and x) of paragraph 2 and point e), i), j), o), q) and u) of paragraph 3, both of 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 Electronic Communications Law, approved by Law No 5/2004, of 10 February, up to a maximum of two years, for breaches provided for in points f), g), h), o) and r) of paragraph 1 and f) and i) of paragraph 2, both of the preceding article.

2 - Without prejudice to point a) of the preceding paragraph, objects, equipment and illicit devices that have been seized by ICP-ANACOM, provisionally or as a precautionary measure, and that, after notification for collection by interested parties, are not claimed within 60 days, shall be deemed to have been confiscated.

3 - Objects, equipment or illicit devices that have been confiscated under point a) of paragraph 1 or of the preceding paragraph, shall revert to ICP-ANACOM, which shall dispose of them as deemed to be appropriate.

4 - Where the prohibition to carry on the respective activity is applied to the respective holder as an additional penalty, under point b) of paragraph 1, ICP - ANACOM shall suspend the professional title granted by this Authority for a similar period.
5 - In case of suspension of the professional title, the offender shall be notified to hand it over to ICP - ANACOM, on a voluntary basis, otherwise it shall be seized.

Article 96
[...]

1 - ...

a) ...
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 11, that apply to the construction of or any other intervention on infrastructures.

2 - ...
3 - ...
4 - ...»

Article 3
Addition to Decree-Law No 123/2009, of 21 May

Articles 94-A, 106-A, 107-A and 108-A are hereby added to Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, and shall read as follows:

«Article 94-A
Untrue evidence of professional title requirements and non-compliance

1 - Where any evidence of professional title requirements is found to be untrue, such title shall be revoked and the offender shall be notified to hand it over to ICP - ANACOM, on a voluntary basis, otherwise it shall be seized.

2 - Without prejudice to other applicable penalties, in case of serious or repeated non-compliance, on the part of ITED designers or ITUR and ITED installers qualified by ICP - ANACOM or of certified ITUR and ITED training providers, with obligations provided for in articles 43, 49, 69, 76 and 79, ICP - ANACOM shall be entitled to suspend, for a maximum period of six months, or to revoke in whole or part, the professional title or the certification, according to the seriousness of the infraction and the degree of fault.

3 - The suspension or revocation decision referred to in the preceding paragraph shall observe provisions of the Administrative Procedure Code, namely as regards the prior hearing of interested parties.

4 - In case of revocation, a new title shall not be issued until six months after the date on which the revocation took place.

5 - In situations referred to in paragraph 2, the offender shall be notified to hand it over to ICP - ANACOM, on a voluntary basis, otherwise it shall be seized.

Article 106-A
Provision of information on ITUR and ITED

It shall be incumbent on ICP - ANACOM to provide on its website the following information:

a) ITED designers and ITUR and ITED installers with a valid professional title issued by ICP - ANACOM;
b) Designers and installers not covered by the preceding point who operate within the national territory;
c) Certified training providers;
d) Certified installations.

Article 107-A
Dematerialisation of procedures

1 - Without prejudice to the following paragraphs, communications and notifications provided for herein, and the transmission of documents, applications or information between service providers and competent authorities, shall be processed electronically via the one-stop electronic shop for services or any other legally admissible means, except for formalities to be carried out via the computer system referred to in article 8-A of the urban building and development legal regime, approved by Decree-Law No 555/99, of 16 December.

2 - The preceding paragraph shall be without prejudice to the SIC (Centralised Information System) processing procedure, under Chapters II, III and IV, and this system must be accessible via the one-stop electronic shop for services.

3 - Paragraph 1 shall not apply to communications, notifications and other procedural steps in the scope of breach proceedings.

4 - Where computer systems referred to in paragraph 1 are not available, formalities required under this Decree-Law shall be conducted via any other legally admissible means.

Article 108-A
Administrative cooperation

For the purpose of this Decree-Law, competent authorities shall engage in administrative cooperation, in the scope of procedures on providers and professionals from other Member States of the European Union or of the European Economic Area, in compliance with Chapter VI of Decree-Law No 92/2010, of 26 July, and paragraph 2 of article 51 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, namely via the Internal Market Information System.»

Article 4
Systematic amendment to Decree-Law No 123/2009, of 21 May

The heading of Section V of Chapter V of Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, shall be replaced by the following: «ITUR training providers».

Article 5
Transitional provisions

1 - Evidence of valid registration as ITED designer or ITUR or ITED installer with ICP - ANACOM, on the date of entry into force of this law, shall be regarded as certifying the professional title for technicians referred to in sub-points i) and ii) of point b) of paragraph 1 of article 41, point d) of paragraph 1 of article 67 and sub-points i) and ii) of point b) of paragraph 1 of article 74 of Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, in the new wording of this law.

2 - ITUR and ITED training providers registered with ICP - ANACOM, on the date of entry into force of this law, for the pursue of a specific professional training activity, shall be deemed to be certified for the pursue of that activity under Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, in the new wording of this law, and ICP - ANACOM shall make available their identification, by electronic means, to the competent central service of the ministry responsible for the professional training area, within 30 days from the date of entry into force of this law.

3 - Until the amendment of Administrative Rule No 851/2010, of 6 September, so as to bring it into line with Law No 9/2009, of 4 March as amended by Law No 41/2012, of 28 August, and with Decree-Law No 92/2010, of 26 July, articles 46 to 48 of Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, shall apply to the certification of ITUR and ITED training providers, duly adapted.

4 - Until the one-stop electronic shop for services is available, as referred to in article 107-A of Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, added by this law, communications and notifications which are to be processed through it under that article shall take place via the single mail address created for the purpose by ICP - ANACOM, which shall be indicated in the respective website.

Article 6
Repealing provision

Paragraph 2 of article 39, point c) of paragraph 1 and paragraph 2 of article 41, paragraph 2 of article 43, articles 46 to 48, paragraph 2 of article 68, paragraph 2 of article 70, paragraph 2 of article 76, articles 82 and 84, points q), t) and v) of paragraph 2 and points l), m), p) and t) of paragraph 3, both of article 89, paragraph 8 of article 91 and articles 92, 93 and 94 of Decree-Law No 123/2009, of 21 May, as amended by Decree-Law No 258/2009, of 25 September, are hereby repealed.

Article 7
Republication

Decree-Law No 123/2009, of 21 May, with the current wording, is republished in annex to this statutory instrument, of which it is an integral part.

Article 8
Entry into force

This statutory instrument shall enter into force 60 days after its publication.
Approved on 24 May 2013.

The President of the Assembly of the Republic, Maria da Assunção A. Esteves.
Promulgated on 26 June 2013.

Let it be published.

The President of the Republic, Aníbal Cavaco Silva.

Countersigned on 1 July, 2013.
The Prime Minister, Pedro Passos Coelho.

ANNEX

(referred to in article 7)
Republication of Decree-Law No 123/2009, of 21 May

CHAPTER I
Subject-matter, principles and definitions

Article 1
Subject-matter

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 Electronic Communications Law, 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 telecommunications public service.

3 – The regime provided for in Chapter III herein shall not apply to the concessionaire of telecommunications public service, which remains subject to the regime provided for in the Electronic Communications Law, approved by Law No 5/2004 of 10 February, as regards ducts, masts, other facilities and locations held by it.

4 - The privative networks of holders of sovereign power, of the Ministry for National Defence, or under its responsibility, of security, emergency and civil protection forces and services, are not covered by this Decree-Law; nevertheless, if they so wish, these bodies are entitled to provide access to infrastructures held by them which are suitable for the accommodation of electronic communications networks, pursuant hereto.

Article 2
Scope of application

Provisions in Chapters II, III and IV shall apply:
a) To the State, Autonomous Regions and local authorities;
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 infrastructures for roads, railways, ports, airports, water supply, sewerage, and transport and distribution of gas and electricity;
c) Other bodies holding or exploiting infrastructures that integrate 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 intended 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 restricted access device, that accommodates general distribution frames which allow the interconnection between the building networks and those of 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 that integrate them, regardless of whether the latter 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, to construct, install, alter and repair 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 a body that, pursuant to the Electronic Communications Law, 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 networks resources, as well as bypass devices, joints or other equipment necessary for the transmission of electronic communications in those networks;
i) “Installer” shall mean a natural person or legal body qualified to install and alter telecommunications infrastructures, according to designs, as well as to preserve such infrastructures in housing developments, urban settlements and concentrations of buildings, pursuant hereto;
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 infrastructures suitable for the accommodation of electronic communications networks or the installation of networks in infrastructures which already exist, established by the body responsible for their administration and management;
l) “ITED manual” shall mean the set of design, installation and test technical standards, as well as the set of technical specifications on materials, devices and equipment, which constitute the infrastructures for telecommunications in buildings (ITED), to be approved by ICP - ANACOM;
m) “ITUR manual” shall mean the set of technical requirements on draft work, installation and tests, as well as the set of technical specifications on materials, devices and equipment, which constitute the ITUR, to be approved by ICP – ANACOM;
n) “Works” shall mean the construction, reconstruction, alteration, repair, preservation, restoration, adaptation and improvements of buildings and infrastructures covered by this Decree-Law;
o) “Designer” shall mean a natural person or legal body qualified to prepare installation and alteration designs for infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings, pursuant hereto;
p) “Simplified technical design” shall mean an ITED technical design which only concerns the technology intended to be installed;
q) “Electronic communications networks” shall mean transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, radio, 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 due by publicly available electronic communications companies for the use of infrastructures suitable for the accommodation of electronic communications networks, to install, accommodate, repair and remove 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 i) of the preceding paragraph, associated infrastructures shall include access routes to buildings and other infrastructures required to install, remove, maintain or repair electronic communications cables in ducts and subducts.

Article 4
General principles

1 – The regime provided for herein shall be subject to the principles of competition, open access, equality, non-discrimination, effectiveness, 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, namely 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 hereof, rights provided for in paragraph 1 a) and b) of article 24 of the Electronic Communications Law, approved by Law No 5/2004 of 10 February, shall be guaranteed to electronic communications companies.

2 – Paragraphs 5 and 6 of article 24 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February, shall apply to the allocation of rights referred to in the preceding paragraph, pursuant thereto.

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 that applies to property under public domain.

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

1 – It shall be incumbent on bodies referred to in article 2 to establish regulations laying down the procedures for the allocation of rights of way in 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 Electronic Communications Law, approved by Law No 5/2004, of 10 February.

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

a) Particulars to be attached to the application for construction and installation of infrastructures, as well as the body to whom such application must be addressed;
b) Provisions on the reservation of space in ducts and other infrastructures for the administration and use by the management body of the domain property or body appointed by it, where applicable;
c) Obligations to repair infrastructures that were damaged due to interventions performed for the purpose of installation and/or repair of pipes, cables, ducts, manholes, masts, equipment and other resources;
d) Securities or other guarantees that the location where infrastructures were installed are restored to normal conditions of use;
e) Procedures for unblocking infrastructures;
f) Rules on the prior advertisement intended to gain support to the intervention by other electronic communications companies that wish to install support infrastructures to their networks’ systems and equipment, in the same area.

3 - Bodies responsible for the establishment of procedures for the allocation of rights of way shall ensure they are made available in the SIC referred to in chapter IV.

4 - 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 the prior approval of the conceding body, which shall be given within 20 days at the most from the reception thereof.

5 – Where the deadline referred to in the preceding paragraph expires before a decision has been taken, the respective procedures shall be deemed to be approved.

6 – The procedure for allocation of rights of way relatively to property of the municipal public domain shall attach the particulars referred to in this article, together with the prior communication provided for in the following article; where the latter is not rejected, the right of way shall be deemed to have been allocated.

Article 7
Prior check procedure for infrastructures suitable for the accommodation of electronic communications networks

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

a) Installation and functioning of infrastructures subject to municipal authorization pursuant to Decree-Law No 11/2003, of 18 January;
b) Works required to avoid situations that may hinder public health and safety, as well as works required to repair faults or unblocking.

2 – In the situations referred to in point b) of the preceding article, the company shall communicate to the municipal council, on the following working day, the need for works, through available communication means deemed to be best suited.

3 – Within 20 days at the most from reception of the prior communication referred to in paragraph 1, the municipal council, in writing and in a substantiated manner, may:
a) Determine that the referred companies must postpone the installation and operation of infrastructures by 30 days at the most, where, to plan and execute works, it intends to make mandatory the advertisement of the intervention, so that other companies may also express their intention to join the intervention;
b) To reject the application for execution of works where there are infrastructures suitable for the accommodation of electronic communications networks, that belong to the public domain, with available capacity to meet the need of the applicant company;

4 – Where the municipal council has determined the obligation referred to in point a) of the preceding article, it is entitled to establish, in the advertisement referred therein, a temporary barrier to execute 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 impediment 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 SIC makes available the determinations issued under paragraph 3.

7 – Particulars to be attached to the prior communication 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 urban building and development legal regime, approved by Decree-Law No 555/99, of 16 December.

Article 8
Obligations of electronic communications companies towards municipal councils

When executing works in municipal public domain, electronic communications companies shall:
a) Replace pavements, green areas and public areas, where appropriate;
b) Repair infrastructures that suffered damage from the intervention.

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

1 – Save in the situations provided for in Chapter V, bodies referred to in article 2, where they plan to execute works that allow the construction or extension of infrastructures suitable for the accommodation of electronic communications networks, shall make this intention public, so that electronic communications companies may join the intended works.

2 – Electronic communications companies may join intended works with the purpose of constructing or extending infrastructures suitable for the accommodation of electronic communications networks, on its own or jointly.

3 – The advertisement of execution of works provided for in paragraph 1 shall be made available in the SIC, by the respective developers, at least 20 days ahead of the date on which the execution of works is to begin, according to paragraph 1 b) of article 25.
4 – For the purposes hereof, 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 time limit to join 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 time limit to join the works to be executed, referred to in the preceding paragraph, shall not be less than 15 days from the date of the advertisement referred to in paragraph 1.

6 – Electronic communications companies who wish to join the notified intervention shall apply for association to works to the developer of the intervention, within the time limit referred to in the preceding paragraph.

7 – Where the deadline to execute the works in not compatible with the time limits provided for in the preceding paragraphs, to ensure compliance with public service obligations, bodies referred to in article 2 may reduce deadlines for advertisement and collection of expressions of interest, ensuring that, after the intervention is concluded, it is publicized for the purpose of subsequent access thereto by electronic communications companies.

8 – Publicizing the execution of works as provided for herein does not relieve developers from their access obligations set out in Chapter III.

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

1 – Electronic communications companies shall bear their share in 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 infrastructures suitable for the accommodation of electronic communications networks

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

2 – Technical instructions shall take into consideration the specificities of infrastructures they are aimed at, and promote the most appropriate technical and safety solutions to install, repair, maintain, remove and interconnect equipment and network systems, ensuring compliance with principles established in article 4.

3 – ICP - ANACOM is entitled to 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 shall be due, pursuant to article 106 of the Electronic Communications Law, approved by Law No 5/2004 of 10 February, by providers of publicly available electronic communications networks and services, for using and benefiting from property of the municipal public and private domain, involving the construction or installation of infrastructures suitable for the accommodation of electronic communications networks, and the collection of any other fees, charges or remunerations for such use shall not be allowed.

2 – Local authorities may opt for not charging 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, and in this case the application and collection of any other fees, charges or remunerations to replace or complement them shall not be allowed.

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

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

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

1 – Bodies referred to in article 2 shall ensure access to infrastructures suitable for the accommodation of electronic communications networks which they hold or manage to electronic communications companies.

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

3 – Procedures for obtaining the right of access must be swift, transparent and appropriately publicized, and shall not last longer than 20 days after effective reception of applications for access, pursuant to paragraph 2 of article 20.

4 – For the use of infrastructures suitable for the accommodation of electronic communications networks that belong to the public or private domain of local authorities shall be due the fee provided for in article 106 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February, and in this case the collection of other fees, charges, prices or remunerations shall not be allowed.

5 – Article 19 hereof shall not apply to situations referred to in the preceding paragraph.

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

1 – All contractual clauses that provide for an exclusive occupation of infrastructures suitable for the accommodation of electronic communications networks by an electronic communications company, or by one of the bodies 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 of space by bodies referred to in article 2 for their own use in present and future infrastructures suitable for the accommodation of electronic communications networks, to the extent that this reservation is duly substantiated.

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

Bodies referred to in article 2 shall only refuse access to infrastructures 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 infrastructures under consideration is not technically feasible;
b) Where the use of infrastructures by electronic communications companies renders ineffective the main purpose for which they were established, where it hinders the safety of people or property, where it implies a serious risk of infringement by bodies referred to in article 2 of legal, regulatory or technical rules concerning public service obligations which the respective service provision must meet;
c) In case of lack of space available as a result of the occupation stage or of the need to ensure space for one’s own use, under paragraph 2 of the preceding paragraph, or for the purpose of maintenance or repair interventions.

Article 16
Procedures in case access to infrastructures suitable for the accommodation of electronic communications networks is refused

1 – Where, in a specific situation, a body referred in article 2 refuses access to an 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 infrastructures to be verified, their route and main areas affected, as well as other elements deemed to be relevant for the assessment of the possibility of using infrastructures 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 infrastructures under consideration, hearing for this purpose the holder of infrastructures and respective sector regulatory body, where appropriate, as well as the applicant, where the application is made by third parties.

4 – For the purpose of the preceding paragraph, the sector regulatory body shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

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 regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

6 – To the procedure provided for in the preceding paragraphs shall apply, duly adapted, the dispute settlement regime provided for in article 10 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February.

7 – Bodies referred to in article 2 may also request the intervention of ICP - ANACOM before access is refused, where they have doubts about whether any of the grounds for refusal provided for in article 15 are applicable.

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

Bodies referred to in article 2 who hold or manage infrastructures suitable for the accommodation of electronic communications networks are subject to the following obligations, pursuant to hereto:

a) To provide ICP - ANACOM with information on infrastructures suitable for the accommodation of electronic communications networks which they hold or manage;
b) To draw up a record with geo-referenced information on infrastructures 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 the mentioned infrastructures, pursuant to articles 18, 19 and 21;
d) To respond to applications for access to the mentioned infrastructures, pursuant to article 20;
e) To respond to enquiries on the respective infrastructures, pursuant to paragraph 4 of article 24.

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

1 – Bodies subject to a duty of access shall draw up and make available in the SIC rules concerning procedures and conditions for access to and use of infrastructures, which must include, among others, the following elements:

a) The body to whom applications for access and use are addressed, for the purpose of installing, maintaining and repairing electronic communications networks to be accommodated in those infrastructures, as well as bodies or contact points to whom applicants should turn;
b) Elements which must be attached to the application;
c) The term of 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 infrastructures;
f) Technical instructions for the use of infrastructures;
g) Penalties for non-compliance or misuse of infrastructures;
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 concessionary bodies provided for in article 2 b), require the prior approval of the conceding body, which must be settled within 20 days at the most from the reception thereof.

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

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

1 – The remuneration for access to and use of infrastructures held by bodies referred to in article 2 must be cost-orientated, taking into account costs with the construction, maintenance, repair and improvement of infrastructures under consideration.

2 – The preceding paragraph shall 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 bodies 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 rule established in paragraph 1, pursuant to article 10 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February.

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

5 – In the situations referred to in paragraph 3, where the access to infrastructures held by an body subject to regulation is at stake, ICP - ANACOM shall consult the respective sector regulatory body, which shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

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 regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

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

1 – Electronic communications companies that wish to install their respective networks in infrastructures suitable for the accommodation of electronic communications networks, held or managed by bodies referred to in article 2, must apply for access to the body responsible for the administration thereof.

2 – Any access application for the use of infrastructures referred to in the preceding paragraph shall be assessed and responded to within at the most 20 days from the effective reception by the body responsible for the administration and management of infrastructures, the failure to provide an opinion within this time limit being deemed as an assent.

3 – Where the access application is granted, the electronic communications companies must 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 infrastructures suitable for the accommodation of electronic communications networks

1 – Bodies referred to in article 2 may draw up and publicize technical instructions for the installation of equipment and systems of electronic communications networks in infrastructures they hold or manage.

2 – The drafting of technical instructions must take into consideration the specificities of infrastructures they are aimed at, and promote the most appropriate technical and safety solutions to install, repair, maintain, dismantle and interconnect equipment and systems of electronic communications networks.

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

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

1 – Electronic communications companies must use infrastructures 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 infrastructures mentioned in the preceding paragraph, by others that are technologically more advanced and more efficient, insofar as this replacement does not entail an increase of the 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 in the course of the following year, bearing the respective costs, where infrastructures under consideration are necessary to fulfil the needs of the body that holds or manages the referred infrastructures or to accommodate network elements of other electronic communications companies having shown interest in the matter.

4 – Where electronic communications companies fail to remove network elements as provided for in the preceding paragraph, the body managing the infrastructures, or with its agreement, the interested electronic communications company, may remove the referred elements, 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, through a binding decision, is entitled to settle conflicts arising from the application of rules provided for herein, which are submitted to it by electronic communications companies or by holders of infrastructures.

6 – To the settlement of conflicts referred to in the preceding paragraph shall apply the dispute settlement procedure provided for in article 10 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February, duly adapted.

7 - Where the access to infrastructures held by an body subject to regulation is at stake, the decision referred to in paragraph 5 shall be preceded by an opinion of the respective sector regulatory body, which shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

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 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 already installed or to be installed, pursuant to article 25 of the Electronic Communications Law, 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, already installed or to be installed, shall be communicated to ICP - ANACOM within 10 days from being concluded.

3 – Where, as a consequence of the state of occupation of infrastructures already installed, the latter are not able to accommodate other network equipment or resources, and 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 infrastructures is not a viable alternative, ICP - ANACOM is entitled to 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 Electronic Communications Law, approved by Law No 5/2004, of 10 February.

4 – ICP - ANACOM decisions referred to in the preceding paragraph may be addressed to any of the bodies referred to in article 2, as well as electronic communications companies already installed in those infrastructures.

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

6 – Where infrastructures are shared, ICP - ANACOM may adopt measures that constrain the functioning of resources to be installed, namely a limitation of maximum transmission power levels.

CHAPTER IV
Centralized information system (SIC)

Article 24
Duty to draw up and to maintain a record

1 – Bodies referred to in article 2 who hold infrastructures suitable for the accommodation of electronic communications networks, electronic communications companies, as well as holders of infrastructures 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 infrastructures suitable for the accommodation of electronic communications networks, namely ducts, inspection chambers, manholes and associated infrastructures.

2 – Records referred to in the preceding paragraph shall include, in accordance with the procedures to be laid down by ICP – ANACOM, the following minimum elements:
a) Location, geo-reference, layout and main resources allocated;
b) Most relevant technical characteristics, including size, type of infrastructures and of use.

3 – Bodies 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 laid down by ICP – ANACOM.

4 - Bodies referred to in article 2 shall:
a) Respond in a swift and non-discriminatory manner, within 10 days at the most, to enquiries made by interested electronic communications companies, indicating contact particulars for the purpose;
b) Supply interested electronic communications companies with clarifying information, namely accurate indications on location and available capacity in existing infrastructures, where requested, within 10 days at the most.

5 – In case of doubts on the ability of infrastructures to accommodate electronic communications networks, it is incumbent upon ICP - ANACOM, at the request of bodies referred to in paragraph 1, to decide on its inclusion in the record, taking into account reasons submitted by such bodies and the utility of infrastructures 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 infrastructures shall be without prejudice to the right of access thereto under the law.

7 - Where the access to infrastructures held by a body subject to regulation is at stake, the decision referred to in paragraph 5 shall be preceded by an opinion of the respective sector regulatory body, which shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

Article 25
Information available in the SIC

1 – It shall be 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 depends the allocation of rights of way provided for in article 6;
b) Advertisements on the construction of infrastructures suitable for the accommodation of electronic communications networks, in accordance with paragraph 6 of article 7 and with article 9;
c) Record, with geo-referenced, comprehensive and integrated information of all infrastructures suitable for the accommodation of electronic communications networks held by bodies 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 referred to in the preceding point.

2 – Bodies 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 shall be binding on bodies that drew it up and made it available.

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

5 – The SIC shall provide for the interconnection with systems of provision of information on infrastructures to which electronic communications companies are bound under the Electronic Communications Law, 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 infrastructures that apply to companies.

Article 26
Access to the SIC

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

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

3 – It shall be incumbent on the Gabinete Nacional de Segurança (National Security Office) to provide an opinion, based on grounds presented by bodies managing infrastructures 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 body managing infrastructures and the Comissão de Acesso aos Documentos Administrativos (CADA) – Commission of Access to Administrative Documents.

4 - The direct or indirect remuneration for the reuse of documents or information provided by the SIC shall be forbidden.

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

SECTION I
General provisions on ITUR

Article 27
Subject-matter of Chapter V

1 - This chapter lays down the ITUR installation regime and respective connections to public electronic communications networks, as well as the conformity assessment regime of equipment, materials and infrastructures.

2 - Requirements established in this chapter fully apply to companies and professionals who pursue activities referred therein on national territory, under the freedom to provide services, except for those which clearly do not apply, by their very nature, to occasional and sporadic services.

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 installation of equipment and other devices;
b) Piping network or piping for the installation 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 infrastructures in housing developments, urban settlements and concentrations of buildings

1 – According to provisions in this chapter and in the ITUR manual, the following infrastructures shall be installed 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 infrastructures 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, shall also be installed.

3 – The design, installation and use of telecommunications infrastructures shall ensure the secrecy of communications and the security and non-interference of cabling infrastructures.

4 – Compliance with obligations provided for herein shall be incumbent on the urban operation developer.

Article 30
General principles on ITUR

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

2 – The occupation of spaces and piping shall 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 means deemed to be unjustified, taking into account services to be provided and technologies to be made available.

4 - Compliance with the preceding paragraph shall 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 shall integrate 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 in rem in the building subject to the urban operation shall 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 shall indicate ITUR in the layout attached to the licensing application or prior communication.

4 – The ITUR transferred to the municipal council integrate 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 are entitled to delegate on an autonomous body, selected according to the Public Contracts Code, approved pursuant to Decree-Law No 18/2008, of 29 January, the powers to manage and preserve the ITUR transferred thereto according to the preceding paragraphs.

6 – ICP - ANACOM is entitled to issue general guidelines on 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 shall be transparent, swift, non-discriminatory and properly publicized, and conditions for the exercise of the rights of access shall comply with the principles of transparency and non-discrimination, pursuant to Chapter III.

8 – Procedures referred to in the preceding paragraph shall be applied by bodies on which municipal councils delegate the powers to manage and preserve the ITUR pursuant to paragraph 5.

9 – The preservation of cabling installed by electronic communications companies shall be 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 – The ITUR that integrate concentrations of buildings are co-owned by all owners, who are responsible for the respective management and preservation, unless where appropriate, this responsibility falls on the respective management body, according to the legal regime of horizontal property and to this Decree-Law.

2 – Management bodies or owners of concentrations of buildings, according to whether a horizontal property is at stake or not, shall ensure that the ITUR are kept in good conditions of preservation, 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 shall be entitled to oppose the installation of telecommunications infrastructures 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 communicated this intention, a telecommunications infrastructures for collective use ensuring the same services and technology is installed within 60 days;
b) Where the building is already provided with a telecommunications infrastructures for collective use ensuring 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 is still not available, and in case the burden of costs resulting from alterations carried out on the existing infrastructures 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 take an opposition decision.

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 an open, non-discriminatory and transparent access to ITUR, for the purpose of their installation, preservation, repair and alteration, pursuant hereto, without prejudice to the entitlement to compensation for any damages suffered.

2 – The 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 an exclusive access to ITUR already installed are forbidden and deemed to be null and void, and contracts concluded before the entry into force hereof which include clauses on 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 Electronic Communications Law, approved by Law No 5/2004, of 10 February, and 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
Guarantee of the ITUR design

1 – Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.

2 – The instrument mentioned herein shall have the nature of a guarantee, the prior assessment of designs by municipal services not being required.

3 – It shall be incumbent upon ICP - ANACOM to approve the model of the guarantee instrument referred to herein.

Article 37
Qualification of the ITUR designer

1 – The following persons or bodies shall 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) Engineers and technical engineers registered with the respective public professional association in compliance with the procedure laid down in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, for recognition of qualifications deemed to be equivalent to those required under the preceding point;
c) Citizens of Member States of the European Union or of the European Economic Area with qualifications equivalent to those referred in a) obtained outside Portugal, who wish to pursue their professional activity under the freedom to provide services, and who are required to lodge a prior declaration of intention at the Ordem dos Engenheiros (Chamber of Engineers) or the Ordem dos Engenheiros Técnicos (Chamber of Technical Engineers), as appropriate, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August.

2 – Public professional associations referred to in the preceding paragraph shall provide ICP – ANACOM, on terms to be agreed, with data on technicians deemed to be qualified to perform ITUR projects.

3 – It shall be 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 on ITUR designers

It shall be 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, itself or through an authorised representative, indicating in the respective work log book the progress of works and their quality of execution, as well as a compulsory final confirmation, in the respective book, that the installation is consistent with the design.
d) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in article 44.

Article 39
Elements of the ITUR technical design

1 – The ITUR technical design shall include the following elements:
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 adopted solution in order to meet legal and regulatory provisions in force;
ii. Indication of characteristics of 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 infrastructures must comply;

d) Measurements and maps of amount of tasks, indicating the nature and amount of tasks that are necessary to execute the works;
e) Budget based on the type and amount of tasks referred in the measurements;
f) Other elements structuring the project, 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 infrastructures and electronic communications companies.
2 – (Repealed.)

SECTION IV
ITUR installation

Article 40
ITUR installer

1 – The installation and preservation of ITUR shall be incumbent on a qualified installer 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:

c) (Repealed.)

2 – (Repealed.)

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, duly adapted.

Article 42
Professional title of ITUR installer qualified by ICP - ANACOM

Article 43
Obligations on ITUR installers

1 – It shall be incumbent on ITUR installers:

a) To keep up-to-date the information on their professional title, issued by ICP-ANACOM, where appropriate;
b) To use in installation operations only the equipment and materials that comply with applicable technical and legal requirements;
c) To install telecommunications infrastructures according to the design and applicable technical standards;
d) To issue a guarantee instrument concerning the execution of the installation, providing it to the developer, the contract supervisor, the construction supervisor, ICP - ANACOM and the owner or, in case of a concentrations of buildings, the respective management body.
e) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in the following article.

2 – (Repealed.)

3 – It is incumbent on ICP - ANACOM to approve the model of the guarantee instrument 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
ITUR training providers

Article 44
Training of ITUR designers and installers

2 - Training courses delivered by providers referred to in the preceding paragraph shall comply with the short ITUR training units provided for in the National Qualifications Catalogue.

Article 45
Certification of training providers of ITUR designers and installers

1 - The certification of private training providers of ITUR designers and installers shall follow the procedure laid down in the administrative rule that governs the certification of training providers, with the following adjustments:
a) The body with certification powers shall be ICP - ANACOM;
b) Training providers shall comply with obligations provided for in article 49;
c) The certification revocation procedure shall observe article 94-A;
d) Other specific requirements, in addition to or by derogation from requirements set out in the administrative rule that governs the certification of training providers, shall be approved by administrative rule of the members of the Government responsible for professional training, communications and education, in compliance with paragraph 4.

3 - The certification procedure shall start after fees due have been paid by the certified training provider at the time of the submission of the certification application.

Article 46
Regime of registration of training providers of ITUR installers

(Repealed.)

Article 47
Withdrawal of registration

(Repealed.)

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

(Repealed.)

Article 49
Obligations of training providers of ITUR designers and installers

Training providers of ITUR designers and installers shall:
a) Deliver ITUR training courses, as well as continuing training measures, in compliance with article 44;
b) Use only equipment and installations that correspond to requirements defined by ICP – ANACOM;
c) Ensure that training providers of courses mentioned in point a) are duly qualified;
d) Ensure the regular calibration of equipment, according to instructions of the respective manufacturers, documented in a calibration plan;
e) Supply to ICP - ANACOM information on the achievements of trainees, per course delivered, within 15 days at the most from completion of the course.
f) Inform ICP - ANACOM in advance of each training measure, indicating the respective location, date and time.

SECTION VI
Alteration of telecommunications infrastructures in private ITUR

Article 50
Conditions for alteration of telecommunications infrastructures in private ITUR

1 – The alteration of private ITUR, namely for the purpose of fibre optic deployment, shall 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 shall issue a guarantee instrument and provide it to the developer or management body of the concentrations of buildings, owners, tenants, co-owners or legal users applying for the installation, and to ICP - ANACOM, within 10 days from the respective conclusion.

SECTION VII
Assessment of conformity of ITUR equipment and infrastructures

Article 51
Conformity requirements for ITUR equipment and infrastructures

1 – The following protection requirements shall 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, as far as safety requirements are concerned, and other applicable rules;
b) Those contained in Decree-Law No 325/2007, of 28 September, as regards electromagnetic compatibility, and other applicable rules.

2 – The installation of ITUR shall meet:
a) Parameters defined as such in technical specifications of interfaces of access to public electronic communications networks;
b) Installation guides of 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 shall be incumbent upon the respective manufacturers or their EU based representatives.

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

3 – Manufacturers, their representatives or the person responsible for placing equipment, devices and materials on the market shall keep all information thereon at the disposal of ICP - ANACOM for more 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 infrastructures

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 infrastructures

In is incumbent on ICP - ANACOM to regularly take appropriate samples, at random and anywhere in the circuit, 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 for ITUR

Article 56
Fees due to ICP - ANACOM for ITUR

1 – Fees shall be due for the following procedures:
a) Issue of professional title of ITUR installer qualified by ICP - ANACOM;
b) Certification of training providers of ITUR designers and installers.

3 - Amounts of fees referred in paragraph 1 shall be determined according to administrative costs arising from the type of procedure concerned.

CHAPTER VI
Infrastructures for telecommunications in buildings (ITED)

SECTION I
General provisions on ITED

Article 57
Subject-matter of Chapter VI

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

2 - Requirements set out in this chapter fully apply to companies and professionals who pursue activities referred therein on national territory, under the freedom to provide services, except for those which clearly do not apply, by their very nature, to occasional and sporadic services.

Article 58
Composition of ITED

ITED consist 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 infrastructures in buildings

1 – The following infrastructures shall be installed in buildings:
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 radio or television signals, and fibre optic cabling;
d) Electrical installations supporting equipment and ground systems;

2 – The requirement of installing 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 infrastructures shall ensure the secrecy of communications and the security and non-interference of cabling infrastructures.

4 – Compliance with obligations provided for herein shall be incumbent on the developer.

Article 60
Exceptions to the principle of compulsory infrastructures

Provisions in this chapter shall not apply to buildings that, on account of their nature and specific purpose, show a remote possibility of requiring electronic communications infrastructures, insofar as this is duly justified and accompanied by a guarantee instrument from the designer.

Article 61
General principles on ITED

1 – The use of ITED already installed shall be mandatory where such ITED are able to support services to be provided and technologies to be made available.

2 – The installation and use of infrastructures for collective use takes precedence over the installation and use of infrastructures for individual use.

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

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

5 - Compliance with the preceding paragraph shall be 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 preservation of ITED

1 – ITED belong to the building owner.

2 – ITED that, pursuant to rules on horizontal property, integrate communal areas of buildings, shall be held in joint ownership by all co-owners, their management and preservation being incumbent on the respective management body of buildings.
3 – ITED that integrate each independent unit shall be exclusively owned by the respective dwelling owner.

Article 63
Open access to ITED

1 – Owners and management bodies of buildings shall be required to ensure an open, non-discriminatory and transparent access of electronic communications companies to ITED, for the purpose of their installation, preservation, repair and alteration, pursuant hereto, without prejudice to the entitlement to compensation for any damages suffered.

2 – The access to ITED that integrate 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 an exclusive access to ITED already installed shall be forbidden and deemed to be null and void, and contracts concluded before the entry into force hereof which include clauses on exclusive access to ITUR shall be reduced or terminated.

4 – Electronic communications companies who are already in operation in a specific building shall not, either directly or indirectly, obstruct or even hamper the use of ITED by other electronic communications companies.

Article 64
Conditions for the alteration of telecommunications infrastructures installed in ITED

1 - Owners or management bodies of buildings are entitled to oppose the installation of telecommunications infrastructures for individual use by any co-owner, tenant or legal occupant in the following situations:
a) Where, after a co-owner, tenant or legal occupant has notified this intention, a telecommunications infrastructures for collective use ensuring the same services and technology is installed within 60 days;
b) Where the building is already provided with a telecommunications infrastructures for collective use ensuring 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 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 infrastructures 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 opposition 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) A telecommunications infrastructures for collective use ensuring the same services and technology as the individual infrastructure is installed;
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 infrastructures promoted by services or bodies of the State’s direct and indirect administration, in pursue of assignments legally established, shall be governed by this Decree-Law.

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

Article 66
Guarantee of the ITED design

2 – The instrument mentioned herein has the nature of a guarantee, the prior assessment of designs by municipal services not being required.

3 – It shall be incumbent upon ICP - ANACOM to approve the model of the guarantee instrument referred to herein.

Article 67
Qualification of the ITED designer

1 – The following persons or bodies shall qualify as 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) Engineers and technical engineers registered with the respective public professional association in compliance with the procedure laid down in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, for recognition of qualifications deemed to be equivalent to those required under the preceding point;
c) Citizens of Member States of the European Union or of the European Economic Area with qualifications equivalent to those referred in a) obtained outside Portugal, who wish to pursue their professional activity in this country under the freedom to provide services, and who are required to lodge a prior declaration of intention at the Ordem dos Engenheiros or the Ordem dos Engenheiros Técnicos, as appropriate, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August;
d) Other technicians registered with ICP - ANACOM as ITED designers on the date of entry into force of this Decree-Law.

2 – ITED designers referred in point d) of the preceding paragraph shall only be deemed to be qualified to subscribe ITED designs in buildings where the overall budget estimate of the work does not exceed class 2, under the legal regime of access to and pursue of the construction activity.

3 - (Repealed.)

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
Professional title of ITED designer qualified by ICP - ANACOM

1 – The pursue within the national territory of the profession of ITED designer by a technician referred in point d) of paragraph 1 of the preceding article requires holding a valid professional title issued by ICP - ANACOM.
2 – (Repealed.)
3 – (Repealed.)

Article 69
Obligations on ITED designers

1 - It shall be 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, 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;
d) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in article 77.

2 – (Repealed.)

Article 70
Elements of the ITED technical design

1 – The ITED technical design shall 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, namely its purpose;
c) A description in particular of:

d) Measurements and maps of amount of tasks, indicating the nature and amount of tasks that are necessary for the execution of the works;
e) Budget based on the type and amount of tasks referred in the measurements;
f) Other elements structuring the project, 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 infrastructures and electronic communications companies.

2 – (Repealed.)

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

Article 71
ITED included in a licensing or prior communication procedure

Where the installation of telecommunications infrastructures referred to in article 58 is included in the scope of a prior control of the urban operation, namely in the licensing or prior communication 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 communication procedure

Where the installation of telecommunications infrastructures 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 communication 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 are required to present them for monitoring purposes.

SECTION IV
ITED installation

Article 73
ITED installer

1 – The installation, alteration and preservation of ITED shall be incumbent on a qualified installer on the terms and conditions provided for in this chapter.
2 – The installer shall be chosen by the developer.

Article 74
Qualifications of an ITED installer

1 – The following persons or bodies qualify as ITED installers:
a) Natural persons with qualifications set out in paragraph 1 a) of article 67 or whose public professional association deems them to be qualified for the purpose, or to hold equivalent qualifications, recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, or further to the reception of the prior declaration referred to in article 5 of that law;
b) Natural persons with the following qualifications:

i) Holders of a dual-certification qualification, obtained via the education and training modalities of the National Qualifications System, that integrate short ITED training course units complying with contents defined in the National Qualifications Catalogue, or equivalent qualification recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, conducted before ICP - ANACOM;
ii) Technicians of the electricity and energy and electronics and automation training areas who passed short ITED training course units integrated in the National Qualifications Catalogue, or equivalent qualification recognized under the procedure provided for in article 47 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, conducted before ICP - ANACOM;
iii) Citizens of Member States of the European Union or of the European Economic Area with qualifications obtained outside Portugal that are equivalent to those referred in the first part of the preceding sub-points, who wish to pursue their professional activity in this country under the freedom to provide services, and who are required to inform ICP - ANACOM thereof by means of a prior declaration, under article 5 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August.

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, duly adapted.

Article 75
Professional title of ITED installer qualified by ICP - ANACOM

3 - In cases other than those governed by the preceding paragraph, ICP - ANACOM shall decide on the issue of the professional title within 20 days from the proper submission of the application, which must attach the certificate of qualifications, after which the application shall be deemed to have been tacitly granted, and documents demonstrating that the application was submitted and that the respective fee was paid shall be regarded as a professional title, for all legal purposes.

Article 76
Obligations of an ITED installer

1 – It shall be incumbent on ITED installers:
a) To keep up-to-date the information on their professional title, issued by ICP-ANACOM, where appropriate;
b) To use in installation operations only the equipment and materials that comply with applicable technical and legal requirements;
c) To install telecommunications infrastructures according to the design and applicable technical standards;
d) To issue a guarantee instrument concerning the execution of the installation, providing it to the developer, the contract supervisor, the construction supervisor, the owner or the management body of the building, and ICP - ANACOM;
e) To participate in a continuing training measure with technical scientific updating purposes, every three years, of a duration corresponding at least to 50 hours, at a training provider referred to in the following article.

2 – (Repealed.)
3 – It is incumbent on ICP - ANACOM to approve the model of the guarantee instrument referred to in paragraph 1 d).
4 - ITED infrastructure shall 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 – The training required to obtain in Portugal the qualifications referred to in sub-points i) and ii) of point b) of paragraph 1 of article 74 and the continuing training referred to in point d) of paragraph 1 of article 69 and in point e) of paragraph 1 of the preceding article shall be delivered by training providers of the National Qualifications System, identified in paragraph 1 of article 16 of Decree-Law No 396/2007, of 31 December, which include providers certified under the following article.
2 – Training courses delivered by providers referred to in the preceding paragraph shall comply with the short ITUR training units provided for in the National Qualifications Catalogue.

Article 78
Certification of training providers of ITED designers and installers

1 - The certification of private training providers of ITED designers and installers shall follow the procedure laid down in the administrative rule that governs the certification of training providers, with the following adjustments:
a) The body with certification powers shall be ICP - ANACOM;
b) Training providers shall comply with obligations provided for in the following article;
c) The certification revocation procedure shall observe article 94-A;
d) Other specific requirements, in addition to or by derogation from requirements set out in the administrative rule that governs the certification of training providers, shall be approved by administrative rule of the members of the Government responsible for professional training, communications and education, in compliance with paragraph 4.

3 - The certification procedure shall start after fees due have been paid by the certified training provider at the time of the submission of the certification application.

Article 79
Obligations of training providers of ITED designers and installers

ITED training providers shall:
a) Deliver ITED training courses, as well as continuing training measures, in compliance with article 77;
b) Use only equipment and installations that correspond to requirements defined by ICP – ANACOM;
c) Ensure that training providers of courses mentioned in point a) are duly qualified;
d) Ensure the regular calibration of equipment, according to instructions of the respective manufacturers, documented in a calibration plan;
e) Supply to ICP - ANACOM information on achievements of trainees, per course delivered, within 15 days at the most from the completion of the course;
f) Inform ICP - ANACOM in advance of each training measure, indicating the respective location, date and time

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

(Repealed.)

SECTION VI
ITED of constructed buildings

Article 83
Alteration of infrastructures in buildings

Article 84
Alteration of infrastructures in buildings without an ITED certificate

(Repealed.)

SECTION VII
Assessment of conformity of ITED equipment

Article 85
Regime that applies to the assessment of conformity of ITED equipment

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

SECTION VIII
Fees due for ITED

Article 86
Fees due to ICP - ANACOM for ITED

1 – Fees shall be due for the following procedures:
a) Issue of professional title of ITED installer qualified by ICP - ANACOM;
b) Certification of training providers of ITED designers and installers.

2 – Amounts of fees referred 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 be deemed as revenue for ICP – ANACOM.
3 - Amounts of fees referred in paragraph 1 shall be determined according to administrative costs arising from the type of procedure concerned.

CHAPTER VII
Enforcement and penalty system

Article 87
Provision of information

1 – Bodies covered by this Decree-Law shall provide to ICP - ANACOM all information related to their activity as far as obligations provided for herein are concerned.

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 adequacy and proportionality with the purpose and must be duly substantiated.

4 – Enquiries shall be responded to within the deadline, in the form and degree of detail specified by ICP – ANACOM, and conditions for sending such information and its periodicity may also be established.

Article 88
Enforcement of this Decree-Law

1 – It shall be incumbent upon ICP - ANACOM to enforce provisions hereof, through its monitoring staff or agents duly accredited by the 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 applicable legal or technical standards.

3 - For the purpose of the enforcement of legal, regulatory and technical obligations resulting from the regime provided for in chapters v and vi, municipal councils shall provide ICP - ANACOM with access to prior control files provided for in the urban building and development legal regime, approved by Decree-Law No 555/99, of 16 December, that involve electronic communications networks and infrastructures.

Article 89
Breaches and fines

1 - Without prejudice to other applicable penalties, in the scope of 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 to the SIC, the following are deemed to be breaches:

a) Infringement of provisions on procedures for the allocation of rights of way in public domain laid down in paragraphs 1, 2 and 3 of article 6;
b) Failure to comply with the obligation to provide in the SIC 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 the 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 of holders of infrastructures 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 the 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 infrastructures, provided for in paragraph 2 of article 23 and in article 98;
n) Failure to observe determinations on sharing of infrastructures 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 information obligations provided for in article 96, under the terms and within the deadlines established.

2 - Without prejudice to other applicable penalties, in the scope of ITUR the following are deemed to be breaches:
a) Failure to install mandatory infrastructures provided for in paragraph 1 a) and b) of article 29;
b) Failure to install mandatory infrastructures 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 infrastructures, as provided for in paragraph 3 of article 29;
d) Infringement of the obligation to use the infrastructures 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 infrastructures 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) (Repealed.)
r) Installation and preservation of ITUR infrastructures by a body 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) (Repealed.)
u) Delivery of training courses, including continuing training measures, contrary to paragraph 2 of article 44, as well as its pursue by bodies who fail to be certified pursuant to paragraph 1 of article 45;
v) (Repealed.)
x) Failure to comply with obligations provided for in 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 infrastructures contrary to paragraphs 1 to 4 of article 100.

3 - Without prejudice to other applicable penalties, in the scope of ITED the following are deemed to be breaches:
a) Failure to install mandatory infrastructures provided for in paragraph 1 a) to d) of article 59;
b) Failure to install mandatory infrastructures 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 infrastructures, as provided for in paragraph 3 of article 59;
d) Infringement of the obligation to use the infrastructures 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 infrastructures 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) (Repealed.)
m) (Repealed.)
n) Installation, alteration and preservation of ITED infrastructures by a body which is not qualified for the 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) (Repealed.)
q) Delivery of training courses, including continuing training measures, contrary to paragraph 2 of article 77, as well as its pursue by bodies who fail to be certified pursuant to article 78;
r) Failure to comply with obligations provided for in article 79;
s) Alteration of telecommunications infrastructures in buildings without respecting the regime set out in article 83;
t) (Repealed.)
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 installation 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 infrastructures in constructed buildings.

4 - Without prejudice to other applicable penalties, the following are also deemed to be 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 – Non-compliance with points d) and i) of paragraph 1, points h), j) and aa) of paragraph 2 and points g) and h) of paragraph 3, shall be deemed to be serious offences.

6 – Non-compliance with points a), b), c), e), f), g), h), j), l), m), n), o), p), q) and r) of paragraph 1, points a), b), c), d), e), f), g), i), n), o), r), s), u), x), z) and bb) of paragraph 2, points a), b), c), d), e), f), i), j), n), o), q), r), s), u) and v) of paragraph 3 and paragraph 4 shall be deemed to be very serious offences.

7 – Serious offences provided for in paragraph 1 shall be liable to the following fines:
a) Between (Euro) 500 and (Euro) 7 500, where committed by a natural person;
b) Between (Euro) 1 000 and (Euro) 10 000, where committed by a micro-enterprise;
c) Between (Euro) 2 000 and (Euro) 25 000, where committed by a small enterprise;
d) Between (Euro) 4 000 and (Euro) 50 000, where committed by a medium-sized enterprise;
e) Between (Euro) 10 000 and (Euro) 1 000 000, where committed by a large enterprise.

8 - Very serious offences provided for in paragraph 1, as well as those provided for in paragraph 4, where matters in chapters ii), iii) and iv) are concerned, shall be liable to the following fines:
a) Between (Euro) 1 000 and (Euro) 20 000, where committed by a natural person;
b) Between (Euro) 2 000 and (Euro) 50 000, where committed by a micro-enterprise;
c) Between (Euro) 6 000 and (Euro) 150 000, where committed by a small enterprise;
d) Between (Euro) 10 000 and (Euro) 450 000, where committed by a medium-sized enterprise;
e) Between (Euro) 20 000 and (Euro) 5 000 000, where committed by a large enterprise.

9 - Serious offences provided for in paragraphs 2 and 3 shall be liable to the following fines:
a) Between (Euro) 500 and (Euro) 5 000, where committed by a natural person;
b) Between (Euro) 750 and (Euro) 7500, where committed by a micro-enterprise;
c) Between (Euro) 1 500 and (Euro) 15 000, where committed by a small enterprise;
d) Between (Euro) 3 000 and (Euro) 50 000, where committed by a medium-sized enterprise;
e) Between (Euro) 7500 and (Euro) 250 000, where committed by a large enterprise.

10 - Very serious offences provided for in paragraphs 2 and 3, as well as those provided for in paragraph 4, where matters in chapters v) and vi) are concerned, shall be liable to the following fines:
a) Between (Euro) 1 000 and (Euro) 10 000, where committed by a natural person;
b) Between (Euro) 1 500 and (Euro) 15 000, where committed by a micro-enterprise;
c) Between (Euro) 4 000 and (Euro) 50 000, where committed by a small enterprise;
d) Between (Euro) 8 000 and (Euro) 250 000, where committed by a medium-sized enterprise;
e) Between (Euro) 16 000 and (Euro) 1 000 000, where committed by a large enterprise.

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

12 - 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.

14 - 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

1 - In addition to fines set out in the preceding article, the following penalties may also be applied, where justified by the seriousness of the infraction and 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 points e), n), o), first part of point s), u) and x) of paragraph 2 and point e), i), j), o), q) and u) of paragraph 3, both of 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 Electronic Communications Law, approved by Law No 5/2004, of 10 February, up to a maximum of two years, for breaches provided for in points f), g), h), o) and r) of paragraph 1 and f) and i) of paragraph 2, both of the preceding article.

5 - In case of suspension of the professional title, the offender shall be notified to hand it over to ICP - ANACOM, on a voluntary basis, otherwise it shall be seized.

Article 91
Breach proceedings and application

1 – The application of fines and additional penalties provided for herein as well as closure of breach proceedings shall be incumbent on the Management Board of 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, in 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 to ICP - ANACOM the respective infringements.

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 – (Repealed.)

Article 92
Notifications of breach proceedings

(Repealed.)

Article 93
Official report

(Repealed.)

Article 94
Confiscation

(Repealed.)

Article 94-A
Untrue evidence of professional title requirements and non-compliance

4 - In case of revocation, a new title shall not be issued until six months after the date on which the revocation took place.
5 - In situations referred to in paragraph 2, the offender shall be notified to hand it over to ICP - ANACOM, on a voluntary basis, otherwise it shall be seized.

CHAPTER VIII
Final and transitional provisions

SECTION I
Transitional provisions on Chapters II, III and IV

Article 95
Establishment of particulars to be attached to the prior communication

The Administrative Rule referred to in paragraph 7 of article 7 shall be issued within 30 days at the most from the date of publication hereof.

Article 96
Information obligations

1 – Bodies referred to in article 2 shall:
a) Draw up, publicize and communicate to ICP - ANACOM, within 90 days from the date of publication hereof, the procedures and conditions for 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 11, that apply to the construction of or any other intervention on infrastructures.

2 - Within 30 days from the date of publication hereof, bodies referred to in article 2 hereof shall:
a) Communicate to ICP – ANACOM:
i. Infrastructures suitable for the accommodation of electronic communications networks which they hold or manage, pursuant to article 17 a);
ii. Bodies and contact points who provide information on infrastructures suitable for the accommodation of electronic communications networks and to whom applications on access and use of such infrastructures may be submitted;
b) Publicize and communicate to ICP – ANACOM the procedures and conditions for access to and use of the mentioned infrastructures, 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 infrastructures held by them;
d) Communicate to ICP – ANACOM which electronic communications companies are already installed in infrastructures managed by them, on the date of publication hereof.

3 – Within at the most one year from the date of definition of elements provided for in article 99, bodies referred in article 2, electronic communications companies and holders of infrastructures suitable for the accommodation of electronic communications networks that are used by such networks, shall make available in the SIC all information provided for in article 25.

4 – While the SIC is not in operation, advertisements on 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, being the 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 Electronic Communications Law, 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 Electronic Communications Law, 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

Within at the most 30 days from the date of publication hereof, electronic communications companies shall 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 installed or to be installed.

Article 99
Rules on implementation of the SIC

Within 60 days from the date of publication hereof, ICP - ANACOM shall 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 - Within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, alterations to telecommunications infrastructures of private ITUR, namely for the purposes of fibre optic deployment, shall leave space for the installation of fibre optic equipment and cabling, the respective entry and connection to existing telecommunications infrastructures 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 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, 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 installation of ITUR provided for in Chapter V shall be 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

Within 30 days from the date of publication hereof, 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 the publication of the notice provided for in paragraph 2 of article 106, as regards the ITED manual, to ITED designs submitted to municipal services after the entry into force hereof pursuant to the urban building and development legal regime, shall apply the ITED manual in force.

Article 103
Update of ITED technicians

1 – All ITED technicians registered with ICP - ANACOM at the date of publication hereof shall take training courses delivered by bodies qualified for the purpose and to be appointed by ICP - ANACOM, in order to ensure the necessary update of knowledge given rules laid down herein.

2 – It shall be 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 within one year from 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 shall 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 to fibre optic of constructed buildings

1 – Alterations carried out in buildings already constructed shall be capable of entry and crossing of fibre optic cables of several electronic communications companies and respective connection to existing telecommunications infrastructures and the first operator to access the building to install this type of infrastructures shall ensure:
a) The installation of the whole building rising main with an appropriate capacity to supply electronic communications services to all dwellings of the building;
b) The existence of customer connection points enabling each electronic communications company to connect each dwelling by their own resources, through a connection to the rising main;
c) The possibility of sharing the infrastructure installation, regardless of the type of network structure, by other electronic communications companies that wish to provide electronic communications services on the basis of fibre optic technology.

2 – For the purpose of point c) of the preceding paragraph, the sharing point shall 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 shall find an alternative solution, namely 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 infrastructures, or by using the collective urban development sharing point.

4 – Electronic communications infrastructures between electronic communications companies shall be shared in a reciprocal fashion, observing the principles of transparency, non-discrimination and cost-orientation of prices, namely taking into account the increase of costs incurred by the electronic communications company when installing a shareable infrastructure, under the following terms:
a) The first operator to access the building shall bear in full the cost of constructing the infrastructure, as laid down in the preceding paragraphs;
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, namely 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 of the member of the Government responsible for the electronic communications area.

6 – The regime provided for in paragraph 1 shall be mandatory for buildings the designs of which are submitted to municipal councils after the entry into force hereof, 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 shall be incumbent on ICP - ANACOM, following the general consultation procedure pursuant to article 8 of the Electronic Communications Law, approved by Law No 5/2004, of 10 February, to approve the ITUR and ITED assessment procedures, which shall be mandatory for installers.

SECTION III
Final provisions

Article 106
Approval of ITUR and ITED manuals

1 – ITUR and ITED manuals shall be approved, following the general consultation procedure pursuant to article 8 of the Electronic Communications Law, 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 the Official Gazette.

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

Article 106-A
Provision of information on ITUR and ITED

It shall be incumbent on ICP - ANACOM to provide on its website the following information:
a) ITED designers and ITUR and ITED installers with a valid professional title issued by ICP - ANACOM;
b) Designers and installers not covered by the preceding point who operate within the national territory;
c) Certified training providers;
d) Certified installations.

Article 107
Calculating time limits

The rules in article 72 of the Administrative Procedure Code shall apply to the calculation of administrative time limits provided for herein.

Article 107-A
Dematerialisation of procedures

1 - Without prejudice to the following paragraphs, communications and notifications provided for herein, and the transmission of documents, applications or information between service providers and competent authorities, shall be processed electronically via the one-stop electronic shop for services or any other legally admissible means, except for formalities to be carried out via the computer system referred to in article 8-A of the urban planning and building legal regime, approved by Decree-Law No 555/99, of 16 December.

2 - The preceding paragraph shall be without prejudice to the SIC (Centralised Information System) processing procedure, under chapters ii, iii and iv, and this system must be accessible via the one-stop electronic shop for services.

3 - Paragraph 1 shall not apply to communications, notifications and other procedural steps in the scope of breach proceedings.
4 - Where computer systems referred to in paragraph 1 are not available, formalities required under this Decree-Law shall be conducted via any other legally admissible means.

Article 108
Submitting documents available online

Where documents required by this Decree-Law are available online, persons or bodies required to submit them to ICP - ANACOM may provide information on the web address where this information may be consulted as well as the information necessary to carry out the consultation.

Article 108-A
Administrative cooperation

For the purpose of this Decree-Law, competent authorities shall engage in administrative cooperation, in the scope of procedures on providers and professionals from other Member States of the European Union or of the European Economic Area, in compliance with chapter vi of Decree-Law No 92/2010, of 26 July, and paragraph 2 of article 51 of Law No 9/2009, of 4 March, as amended by Law No 41/2012, of 28 August, namely via the Internal Market Information System.

Article 109
Repealing provision

1 – The following statutory instruments 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 – This Decree-Law shall enter into force on the day following that of its publication.
2 – The certificate attesting conformity of the installation of telecommunications infrastructures in buildings provided for in Decree-Law No 59/2000, of 19 April, is not required for the purpose of granting authorization to use buildings, where the respective procedures are still pending at the date of entry into force hereof.

Assembleia da República (Assembly of the Republic)

Law

Article 1Subject-matter

Article 2Amendment to Decree-Law No 123/2009, of 21 May

Article 3Addition to Decree-Law No 123/2009, of 21 May

Article 4Systematic amendment to Decree-Law No 123/2009, of 21 May

Article 5Transitional provisions

Article 6Repealing provision

Article 7Republication

Article 8Entry into force

ANNEX

Article 1
Subject-matter

Article 2
Amendment to Decree-Law No 123/2009, of 21 May

Article 3
Addition to Decree-Law No 123/2009, of 21 May

Article 4
Systematic amendment to Decree-Law No 123/2009, of 21 May

Article 5
Transitional provisions

Article 6
Repealing provision

Article 7
Republication

Article 8
Entry into force