On 7 September 2017, ANACOM approved a draft Regulation on the registration of undertakings offering electronic communications networks and services, which was published today, 29 September, in the 2nd Series of Diário da República (Official Journal) no. 189/2017 (Notice No. 11512/2017).
Freedom to offer electronic communications networks and services is ensured and subject only to the general authorisation scheme; as such provision cannot be subject to any prior decision or act of ANACOM, without prejudice to limitations which stem from the allocation of rights of use of frequencies and numbering, in accordance with LCE - Lei das Comunicações Eletrónicas (Law of Electronic Communicationshttps://www.anacom.pt/render.jsp?contentId=1366216).
Nevertheless, the law imposes a set of notification obligations on undertakings as regards their identification, their contact details and the commencement, modification and discontinuation of their activity, while ANACOM is responsible for maintaining the respective register.
Thirteen years after the LCE entered into force and taking into account not only the experience gained from regulation and supervision, but also, in particular, the evolution seen in the market and in offers of networks and services, ANACOM has decided to regulate the obligations of notification as regards identification, contact details and the commencement, modification and discontinuation of the activity of undertakings providing electronic communications networks and services, as well as procedures for maintaining their registration.
ANACOM takes the view that this measure, under the provisions of the law, is indispensable and necessary:
a) On the one hand, to update, simplify and modernise the procedures concerned; and
b) On the other hand, to enhance the transparency of information provided on market agents.
This draft regulates the notification obligations imposed on undertakings which offer or intend to offer electronic communications networks and services, as regards identification, contact details, and commencement, modification and discontinuation of their activity; the draft also sets out the rules governing the maintenance of their registration by ANACOM.
Stakeholders may send any contributions which, in their view, should be considered. These should be sent to ANACOM no later than 14 November 2017, in writing and in Portuguese, to firstname.lastname@example.org:email@example.com.
Once the public consultation has been concluded, ANACOM will examine the contributions and suggestions advanced by interested parties, and with the approval of the regulation, will produce a report making reference to all replies received and providing an overall assessment that reflects ANACOM's position thereon and the reasoning for the options taken.
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.
- Approval of draft Regulation on the registration of undertakings providing electronic communications networks and services https://www.anacom.pt/render.jsp?contentId=1418809
- Consultation on the draft Regulation on the registration of undertakings providing electronic communications networks and services https://www.anacom.pt/render.jsp?contentId=1418813