Announcement of commencement of a procedure to prepare a regulation on the registration of companies which offer electronic communications networks and services


It is announced that, on 2 February 2017, the Board of Directors of the Autoridade Nacional de Comunicações (ANACOM) decided to initiate a procedure to establish a regulation on the registration of companies which offer electronic communications networks and services. This decision was made under the terms of and for the purposes set out in paragraph 1 of article 98 of Código do Procedimento Administrativo (Administrative Proceeding Code), and in exercise of the regulatory powers laid down in point a) of paragraph 2 of article 9, in article 10 and in point b) of paragraph 1 of article 26, all of ANACOM's Statutes (approved by Decree-Law no. 39/2015 of 16 March), and in paragraphs 2 and 3 of article 27 and in paragraph 1 of article 125, both of Law no. 5/2004 of 10 February (in its prevailing wording). 

The object of the regulation shall include the following:

a) Establishment of communication procedures with respect to the commencement, modification and discontinuation of the offer of electronic communications networks and services, as under article 21 and under point t) of paragraph 1 of article 27, both of Lei das Comunicações Eletrónicas (Electronic Communications Law);

b) Establishment of procedures for the maintenance and dissemination of the register of companies which offer electronic communications networks and services, as under article 21-A and under point e) of paragraph 1 of article 120 of Lei das Comunicações Eletrónicas (Electronic Communications Law); and

c) Determination of procedures for the e-services which will be available to support the registration of companies which offer electronic communications networks and services, as under paragraphs 2 and 3 of article 52 of ANACOM's Statutes.

On a transitional basis, this regulation will also aim to bring the register into line with the new rules and replace declarations already issued, with approval properly articulated with the creation of new forms in compliance with the provisions of point j) of paragraph 2 article 9 of ANACOM's Statutes; these will replace those approved by ANACOM's decision of 3 May 2004.

Interested parties may submit any contributions which they consider relevant to the preparation of this Regulation to ANACOM (in writing and in Portuguese to regulamento.registoce@anacom.ptmailto:regulamento.registoce@anacom.pt1) within 10 working days of this publication.

Afterwards, stakeholders will have an 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, following publication on ANACOM's website (www.anacom.pthttps://www.anacom.pt/render.jsp?categoryId=2958) and in the 2nd Series of Diário da República (Official Journal).

ANACOM will examine the contributions made by stakeholders and, upon approval of the regulation, will issue a report referencing the contributions received and providing an overall assessment which reflects ANACOM's position and the reasoning which supported the options taken.

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1 Each email may contain one or more files as long as the total size of all files does not exceed 10 megabytes and, if necessary, comments may be divided into two or more emails.

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