Autoridade Nacional de Comunicações (National Communications Authority)
Regulation
Regulation for operation of the Radio Data System (RDS)
(This is not an official translation of the law)
Decree-Law No. 272/98, of 2 September, that establishes the regime for the installation and operation of the Radio Data System (RDS) by radio operators, provided in its article 12 that the members of Government in charge of the communications and media areas would define, by joint administrative rule, RDS applications the use of which was permitted, the system’s technical specification and procedures to be complied with for obtaining authorisation for RDS operation. These matters were set out by means of Administrative Rule No. 96/99, of 4 February.
With the publication of Decree-Law No. 248/2015, of 28 October, article 12 of Decree-Law No. 272/98, of 2 September, was amended to provide that it would be incumbent on Autoridade Nacional de Comunicações (ANACOM), having heard Entidade Reguladora para a Comunicação Social (ERC), to define by regulation the RDS technical specification, RDS system applications and respective conditions, procedures to be followed for obtaining the authorization for RDS operation and elements to be included in the corresponding authorisation title.
Under paragraph 1 of article 3 of the referred Decree-Law No. 248/2015, of 28 October, Administrative Rule No. 96/99, of 4 February, would remain in force until the publication of the regulation referred to in article 12 of Decree-Law No. 272/98, of 2 September, as it currently stands, thus the publication of this regulation replaces that administrative rule.
In this context, and by determination of 23 December 2015, ANACOM decided to start a regulation drafting procedure, publicizing it under article 98, paragraph 1, of the Administrative Procedure Code, for the purpose of article 12 of Decree-Law No. 272/98, of 2 September, as amended by Decree-Law No. 248/2015, of 28 October.
After the expiration of the deadline set for the submission of contributions and suggestions which according to stakeholders should be taken into consideration, and having weighted the sole contribution received, ANACOM approved, by determination of 4 February 2016, a Draft Regulation for operation of the Radio Data System (RDS), which was submitted to the appropriate regulatory consultation procedure, for a period of 30 working days, as provided for in article 10 of ANACOM’s Statutes, and in articles 98 et seq. of the Administrative Procedure Code, as well as to the opinion of ERC. The Draft Regulation was publicised by means of Notice No. 2412/2016, published in Series II of the Official Gazette, of 25 February 2016, as well as at ANACOM’s website.
It should be stressed that the regime now approved does not create any additional costs for radio operators, it merely clarifies and simplifies procedures for obtaining the authorization for RDS operation.
The final report, which analyses replies received in the scope of this procedure and substantiates the options taken by ANACOM, is available at this Authority’s website.
Therefore, pursuant to paragraphs 2a) of article 9 and 1 b) of article 26 of its Statutes, approved by Decree-Law No. 39/2015, of 16 March, and in accordance with article 12 of Decree-Law No. 272/98, of 2 September, as amended by Decree-Law No. 248/2015, of 28 October, ANACOM hereby approves the following regulation:
Article 1
Subject-matter
This regulation sets out, in accordance with article 12 of Decree-Law No. 272/98, of 2 September, as amended by Decree-Law No. 248/2015, of 28 October (hereinafter Decree-Law No. 272/98) the following matters:
a) The RDS technical specification;
b) RDS applications and respective conditions;
c) Procedures to be followed for obtaining the authorization for RDS operation;
d) Elements that must be included in the authorisation title for RDS operation.
Article 2
Technical specification
The RDS technical specification shall comply with the IEC 62106:2015 Standard, “Specification of the radio data system (RDS) for VHF/FM sound broadcasting in the frequency range from 87.5 MHz to 108.0 MHz”, approved by the International Electrotechnical Commission, hereinafter IEC 62106:2015.
Article 3
Procedure for obtaining authorization for RDS operation and for assignment of a programme channel name
1 - Applications for authorization for RDS operation and for assignment of a programme channel name shall be submitted by radio operators to ANACOM by completing the project’s identification form in accordance with the annex hereto.
2 - Where ANACOM finds that the application referred to in paragraph 1 shows shortcomings or irregularities that prevent the granting of the authorization for RDS operation, the Authority shall request that the application is clarified or corrected.
3 - Where the two preceding paragraphs are met, ANACOM shall forward the referred application to Entidade Reguladora para a Comunicação Social (ERC) so that this body may issue the binding opinion provided for in paragraph 6 of article 4 and, where appropriate, paragraph 5 of article 3, both of Decree-Law No. 272/98.
4 - After checking that the requirements set out in Decree-Law No. 272/98, as well as herein, have been fulfilled, ANACOM shall authorize the RDS operation, issue the corresponding authorization title and inform ERC of the programme channel name (PS) assigned, as well as whether the use of radio text applications (RT, eRT, RT+) is admitted.
5 - Provisions in the preceding paragraphs shall apply, duly adapted, where radio operators intend to amend conditions of the authorization for RDS operation.
Article 4
Elements of the authorization title
The RDS authorization title shall include the following elements:
a) Identification of the title holder;
b) Scope and area of coverage, in case of a radio of a local scope;
c) Identification code of the programme channel (PI);
d) Programme channel name (PS);
e) Indication of whether the use of AF, EON, ODA applications and radio text applications (RT, eRT, RT+) is authorized;
f) Technical specification, as well as technical and operational conditions of the system.
Article 5
Scope of authorization for RDS operation
1 - The use of RDS by operators shall comply with limits and conditions laid down in the IEC 62106:2015 Standard, as well as those set out in the authorization title.
2 - The authorization for RDS operation entitles radio operators to use all applications provided for in the IEC 62106:2015 Standard, except for:
a) Alternative frequencies list (AF);
b) Enhanced Other Networks information (EON);
c) Open Data Applications (ODA);
d) Radio Text (RT, eRT or RT+);
e) Applications that enable the provision of electronic communications services.
3 - The use of applications referred to in points a) to d) of the preceding paragraph shall be explicitly requested in the application provided for in paragraph 1 of article 3 and the respective operation shall only be permitted where it is explicitly provided for in the authorization title.
4 - The use of applications referred to in point e) of paragraph 2 must observe provisions in Law No. 5/2004, of 10 February, in accordance with paragraph 6 of article 3 of Decree-Law No. 272/98.
5 - The use of the Traffic Programme application (TP) requires the operator to broadcast traffic information at least four times on daily basis, two in the morning and two in the afternoon.
6 - The Traffic Announcement application (TA) shall only remain active during the period when traffic information is effectively broadcasted, except where it is used through the EON application.
Article 6
Entry into force
This regulation shall enter into force on the day following that of its publication.
ANNEX
RDS project identification form
(see original document)
2 June 2016. - The Vice-Chair of the Management Board, José Manuel de Almeida Esteves Perdigoto.
