Announcement of commencement of procedure to amend Regulation no. 38/2004 of 29 September


Under the terms and for the purposes set out in paragraph 1 of article 98 of the Código do Procedimento Administrativo (Administrative Proceeding Code), ANACOM give notice as follows:

1. By decision of 2 December 2015, the Board of Directors of Autoridade Nacional de Comunicações (ANACOM), has decided to initiate a procedure to amend Regulation no. 38/2004 of 29 September (TMDP Regulation), which established the procedures governing the collection and disbursement of TMDP - Taxa Municipal de Direitos de Passagem (Municipal Fee for Rights of Way) to municipalities.

2. The objective of the present procedure is to revise the TMDP Regulation and bring it into line with the legislative changes laid down in Law no. 127/2015 of 3 September;

3. Interested parties may submit written contributions and suggestions to ANACOM for consideration under the current review procedure, sending them, no later than 10 working days subsequent to the date of the present notice, to reg.tmdp.revisao@anacom.pt;

4. At a later stage, interested parties will have opportunity to comment on the draft Regulation, which will be submitted to public consultation in accordance with the provisions of article 10 of ANACOM's Statutes (as approved by Decree-Law no. 39/2015 of 16 March) and in accordance with the provisions of article 101 of the Código do Procedimento Administrativo (Administrative Proceeding Code);

5. The draft Regulation will be published on ANACOM's institutional website and in the 2nd Series of Diário da República (Official Gazette), without notification to interested parties under point c) of paragraph 3 of article 100 and paragraph 1 of article 101 of the Código do Procedimento Administrativo (Administrative Proceeding Code);

6. ANACOM will examine the contributions and suggestions submitted, and with approval of the regulation amending Regulation no. 38/2004, will produce a report making reference to all responses received and providing an overall assessment that reflects ANACOM's respective position and its reasoning for the options taken.

Lisbon, 4 December 2015.