Assembleia da República (Assembly of the Republic)
Law
Supports the expansion of the provision of DTT programme services, ensuring proper technical conditions and price control
(This is not an official translation of the law)
The Assembleia da República hereby decrees as follows, under article 161 c) of the Constitution:
Article 1
Subject-matter
This law aims to supports the expansion of the provision of digital terrestrial television (DTT) programme services, under proper technical conditions and ensuring price control over the provision of the DTT signal transmission and broadcasting service.
Article 2
Public Interest
The broadcasting of audiovisual media services provided under a free-to-air unrestricted access regime via DTT and complementary service, especially the broadcasting of programme services of the radio and television public services established under the law and contract, shall be deemed to be a matter of relevant public interest for society, to the extent that it represents a factor for the promotion of pluralism, diversity, social inclusion and national cohesion, as well as of culture and education.
Article 3
Capacity reservation
1 - Television programme services that are licensed and concessioned by the date of entry into force of this law shall maintain the right to use the broadcasting capacity in DTT Multiplexer A (Mux A) available on that date.
2 - The broadcasting on the same Mux A of the video signal provided for the purpose by Assembleia da República is also hereby safeguarded, in compliance with the option provided for in Law No. 6/97, of 1 March, as amended by Law No. 36/2012, of 27 August, in accordance with the contractual terms defined with the network operator.
3 - The electronic communications operator holding the right of use for frequencies (RUF) of a national scope for the DTT service associated to Mux A operation shall reserve broadcasting capacity for thematic programme services of the radio and television public service of a national scope provided under the regime of free-to-air access subject to a subscription on the date of entry into force of this law.
4 - The remaining Mux A capacity which may not be technically used to accommodate other television programme services and complementary services may be freely used by the holder of the respective RUF.
Article 4
Conditions for the provision of the DTT signal transmission and broadcasting service
1 - ANACOM - Autoridade Nacional de Comunicações shall monitor, on a regular basis or at the request of stakeholders, the technical conditions for provision of the DTT signal transmission and broadcasting service, taking the signal reception quality into consideration for this purpose.
2 - ANACOM shall make publicly available, as soon as possible, the results of all monitoring actions on technical conditions for provision of the DTT signal transmission and broadcasting service, adopting and disclosing the measures required to immediately remedy any deficiencies detected in terms of coverage, namely imposing that the network operator brings forward the installation of resources required to bring the situation back to normal, in the framework of its legal powers and approved planning.
3 - The price charged by the electronic communications operator holding the right of use for frequencies of a national scope for the DTT basic and complementary service associated to Mux A operation shall comply with the principles of transparency, non-discrimination and cost-orientation, shall be based on the space effectively occupied by each television programme service and shall be restricted by the price presented in the successful public tender bid.
4 - The price charged for the transmission and broadcasting of regional programme services signal in the autonomous regions shall be reduced in proportion to the size of the network in the geographic space concerned and shall not exceed amounts charged at the date of entry into force of this law.
5 - It shall be incumbent on ANACOM, in accordance with the assumptions referred to in article 2 and in paragraphs 3 and 4 of this article, and having been checked the criteria required by the Community regulatory framework for imposing ex ante regulatory measures, to determine the maximum price to be charged by the holder of the RUF associated to the operation of Mux A for the provision of the signal multiplexing, transmission and broadcasting service of the each programme service, after hearing the Autoridade da Concorrência (Competition Authority) and Entidade Reguladora para a Comunicação Social (ERC - the Regulatory Authority for the Media).
6 - ANACOM shall assess whether prices charged for the provision of the television broadcasting service to television operators require a review, on its own initiative and on an annual basis, in a strict, transparent and public manner, taking into account paragraph 3 of this article, and based on the eligible investment plan, the reduction of the value of fixed assets and depreciation.
Article 5
Development of DTT
1 - ANACOM and ERC shall jointly promote and submit to Assembleia da República financial, technical and legal studies to analyse the various possibilities of further extending the provision of programmes on the Digital Terrestrial Television Platform, which shall necessarily take account of the different European experiences, focusing, among others matters, on the appropriateness of spectrum available for DTT, evolution of technological standards associated to this type of broadcasting, the option for high definition (HD) transmission, system and procedure for awarding licenses and guarantee of transmission of remaining programme services of the public service, within 180 days from the date of entry into force of this law, undertaking the cost thereof.
2 - External expert bodies that are engaged for the purpose of the preceding paragraphs shall be selected following an open call for tenders, in accordance with the regulation to be approved by Assembleia da República, after consulting ANACOM and ERC.
Article 6
Transitional provision
1 - ANACOM shall adopt, taking article 4 into account, the necessary amendments to the title of the right of use for frequencies held by the operator of the digital terrestrial network, in order to accommodate the changes arising from this law, within 30 days from the date of entry into force hereof.
2 - The electronic communications operator holding the right of use for frequencies of a national scope associated to the operation of Mux A shall adopt, within 15 days from the amendment of the RUF, the contractual changes required to implement provisions laid down in articles 3 and 4.
3 - In the absence of an agreement regarding the contractual changes provided for within the deadline referred to in the preceding paragraph, each programme service shall pay the maximum price presented in the successful bid for the tender for allocation of a right of use for frequencies associated to the operation of MUX A, until a price is established under paragraph 5 of article 4.
4 - The concessionaire of the radio and television public service shall ensure that thematic programme services referred to in this law are provided over the free-to-air unrestricted access DTT within 90 days from the date of entry into force hereof.
5 - Without prejudice to the occupation of Mux A with new programme services, as provided for under Resolution of the Council of Ministers No. 37-C/2016, of 8 July, the technical and financial conditions required to integrate remaining programme services of the concessionaire of the radio and television public service in the free-to-air unrestricted access DTT shall be analysed.
6 - For the purpose of paragraph 4, the State shall agree with the concessionaire, within 60 days from the date of entry into force hereof, the specific limits of commercial advertising, in compliance with Resolution of the Council of Ministers No. 37-C/2016, of 8 July, by means of a document to be attached to the Contract for Concession of the Radio and Television Public Service.
Article 7
Entry into force
This law shall enter into force on the day following that of its publication.
Approved on 20 July 2016.
The President of the Assembly of the Republic, Eduardo Ferro Rodrigues.
Promulgated on 9 August 2016.
Let it be published.
The President of the Republic, Marcelo Rebelo de Sousa.
Counter-signed on 10 August 2016.
The Prime Minister, António Luís Santos da Costa.
