Autoridade Nacional de Comunicações
Statement of Rectification
(This is not an official translation of the law)
1. Under Article 12(2 ff) of the Regulation of Publication of Acts in the Diário da República, approved by Legislative Order 15/2016 of 21 December, it is hereby declared that Regulation 6/2018, published in the Diário da República, 2nd series, no. 4, of 5 January 2018, was published with the following discrepancies in relation to the original text, which are thus rectified:
1.1. With regard to systematic divisions:
(a) where it reads 'Title I', 'Title II', 'Title III', 'Title IV', 'Title V', 'Title VI' and 'Title VII ', it should read, respectively, 'Chapter I', 'Chapter II', 'Chapter III', 'Chapter IV', 'Chapter V', 'Chapter VI' and ' Chapter VII';
(b) in Title II (which should read Chapter II, pursuant to the rectification in the previous point), where it says 'Chapter I' and 'Chapter II', it should read, respectively, 'Section I' and 'Section II'; and
c) in Title III (which should read Chapter III, pursuant to the rectification in point a)), where it reads 'Chapter I', 'Chapter II' and 'Chapter III', it should read 'Section I', 'Section II' and 'Section III'.
1.2. In Article 5(6)(a)(i)and(ii), where it reads:
‘i) classification of the provision, including the type of service, the type of market, the support network and the possible use of spectrum or numbering resources;
ii) if spectrum or numbering resources are used, indication of the type of resources concerned;’
it should read:
‘i) classification of the provision, including the type of service, the type of market, the support network and the possible use of spectrum or numbering resources;
ii) if spectrum or numbering resources are used, indication of the type of resources concerned;’.
1.3. In Article 5(6)(a)(iv), where it reads:
‘iv) a general description of the provision.’
it should read:
‘iv) a general description of the provision;’.
1.4. In Article 5(6)(b)(i)and(ii), where it reads:
‘i) classification of the provision, including the type of network, the purpose and ownership of the network and the possible use of spectrum or numbering resources;
ii) if spectrum or numbering resources are used, indication of the type of resources concerned;’
it should read:
«i) classification of the provision, including the type of network, the purpose and ownership of the network and the possible use of spectrum or numbering resources;
ii) if spectrum or numbering resources are used, indication of the type of resources concerned;».
1.5. In Article 6(2)(a)(iv), where it reads:
‘iv) identification and contact details of the service where the case is being handled.’
it should read:
‘iv) identification and contact details of the service where the case is being handled;’.
1.6. In Article 21(2)(a)(iii), where it reads:
‘iii) the company does not access its account in the reserved area, where such an account is available, in both the time limits provided for in (i) and (ii) above.’
it should read:
‘iii) the company does not access its account in the reserved area, where such an account is available, in both the time limits provided for in (i) and (ii) above;’.
1.7. In Article 32, where it reads:
‘Article 32
Provisions not available to the public, with use of spectrum subject to radio licensing
In the case of provisions not available to the public using spectrum subject to radioelectric licensing, in accordance with Decree-Law 151-A/2000 of 20 July, as amended by Decree-Law 167/2008 of 16 August, by Decree-Law 264/2009 of 28 September, by Law 20/2012 of 14 May and by Law 82-B/2014 of 31 December, and until such time as approval is given by ANACOM, pursuant to the provisions of Article 25, for a template for this purpose, notice of start of activity pursuant to Article 5 shall be considered as made upon submission of an application for radio licensing.’
it should read:
‘ Article 32
Provisions not available to the public, with use of spectrum subject to radio licensing
In the case of provisions not available to the public using spectrum subject to radioelectric licensing, in accordance with Decree-Law 151-A/2000 of 20 July, as amended by Decree-Law 167/2008 of 16 August, by Decree-Law 264/2009 of 28 September, by Law 20/2012 of 14 May and by Law 82-B/2014 of 31 December, and until such time as approval is given by ANACOM, pursuant to the provisions of Article 25, for a template for this purpose, notice of start of activity pursuant to Article 5 shall be considered as made upon submission of an application for radio licensing..’
2. In view of the systematic nature of part of the rectified discrepancies and in accordance with Article 12(4) of the Regulation of Publication of Acts in the Diário da República, the amended version of Regulation 6/2018, published in the Diário da República, 2nd series, no. 4, of 5 January 5 2018, is republished in its entirety in the following annex.
18 January 2018. – Chair of the Board of Directors, João António Cadete de Matos.
ANNEX
(referred to in point 2.)
Republication in its entirety of Regulation 6/2018, published in Diário da República, 2nd series, no. 4, of 5 January 5 2018
Law 5/2004 of 10 February (Electronic Communications Law), in its current wording and transposing the regulatory framework of the European Union, establishes the legal framework applicable to electronic communications networks and services and to associated services, and sets out the responsibilities of Autoridade Nacional de Comunicações (ANACOM) in this field.
Under the terms of Article 19(1)(2) of the Electronic Communications Law, freedom to provide electronic communications networks and services is ensured, subject only to the general authorisation scheme; provision cannot, therefore, be dependent on any prior decision or act of ANACOM, without prejudice to limitations which stem from the allocation of rights of use of frequencies and numbering under the terms of the same law.
Nevertheless, the law imposes on undertakings a set of notification obligations as regards their identification, their contact details and the start, modification and termination of their activity, while ANACOM is responsible for maintaining their registration, in accordance with Articles 21 and 21-A, Article 27(1)(t) and Article 120(1)(e), all of the Electronic Communications Law.
Thirteen years after the Electronic Communications Law entered into force, and taking into account not only its regulatory and supervisory experience, 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 relating to identification, contact details and the start, modification and termination of the activity of undertakings providing electronic communications networks and services, as well as procedures for maintaining their registration, insofar as, under the terms of the law, such registration is deemed essential and necessary:
a) on the one hand, to update, simplify and modernise the procedures concerned; and
b) on the other hand, to consolidate the transparency of the information on the market players.
In this context, and by decision of 2 February 2017, ANACOM approved the start of a procedure to draw up a regulation on the registration of undertakings providing electronic communications networks and services, as well as the publication of the respective announcement in accordance with Article 98(1) of the Código do Procedimento Administrativo (Code of Administrative Procedure), approved by Decree-Law 4/2015 of 7 January.
Having received no contributions, ANACOM approved, by decision of 7 September 2017, the draft Regulation on the registration of undertakings providing electronic communications networks and services, which was submitted to the proper public consultation procedure for a period of 30 days, by means of Notice 11512/2017, published on 29 September in the 2nd Series (Part E) of the Official Journal (Diário da República), pursuant to Article 10 of its Statutes, approved by Decree-Law 39/2015 of 16 March, and to Articles 99 ff of the Code of Administrative Procedure, and for the purposes provided for in Article 8 of the Electronic Communications Law.
After the public consultation, the comments received were duly considered in the approval of this Regulation, with its assessment of the report that supports ANACOM’s options and which is published on this Authority’s website, together with the full contributions.
In essence, the present draft thus regulates the notification obligations imposed on undertakings which provide or wish to provide electronic communications networks and services, as regards their identification, contact details, and the start, modification and termination of their activity; it further sets out the rules governing the maintenance of their registration by ANACOM, under Articles 21 and 21-A of the Electronic Communications Law, all with a view to pursuing the principle of good administration set out in Article 5 of the Code of Administrative Procedure.
Under transitional provisions, this Regulation also determines updating of the registration and the substitution of statements already issued.
In the adoption of this Regulation, the benefits arising from its future application were considered, including not only the consolidation of transparency of information on market players, but also ease of access to the activity, under the principle of freedom to supply, and simplification and modernisation of procedures in the relationship between ANACOM and the undertakings, in particular by establishing the rule for use of electronic media and the promotion of electronic services, which will result in a reduction in the costs incurred by ANACOM and by the undertakings in the fulfilment of their notification obligations.
Accordingly, under the provisions of Article 9(1)(c)and(2)(a), of Article 10, and of Article 26(1)(b), all of ANACOM's Statutes, and pursuant to Articles 21 and 21-A, Article 27(1)(t)and(2)(3), Article 120(1)(e), and Article 125(1), all of the Electronic Communications Law, by decision of 14 December 2017, ANACOM's Board of Directors has approved the following regulation:
Regulation on the registration of undertakings providing electronic communications networks and services
CHAPTER I
General provisions
Article 1
Object
This Regulation sets out the obligations of notification imposed on undertakings which provide or which wish to provide electronic communications networks and services, as regards their identification, their contacts details, and the start, modification and termination of their activity and sets out the rules applicable to the maintenance of their registration by the Autoridade Nacional de Comunicações (ANACOM), as established in Articles 21 and 21-A of Law 5/2004 of 10 February, republished by Law 51/2011 of 13 September, and amended by Law 10/2013 of 28 January, by Law 42/2013 of 3 July, by Decree-Law 35/2014 of 7 March, by Law 82-B/2014 of 31 December, by Law 127/2015 of 3 September, by Law 15/2016 of 17 June, by Decree-Law 92/2017 of 31 July (Electronic Communications Law).
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
a) "reserved area" – the area with access and use reserved for the undertakings, to be made available by ANACOM on its website, in accordance with the provisions of Article 28;
b) "activity" – the provision of electronic communications networks and services;
c) "declaration" – the declaration issued by ANACOM in compliance with the provisions of Article 21(5) of the Electronic Communications Law;
d) “undertaking” – an entity which provides or wishes to provide electronic communications networks and services;
e) "provision/offer" – the provision/offer of a type of electronic communications service or network;
f) "register" – the register of undertakings that wish to provide or provide electronic communications networks and services, maintained by ANACOM pursuant to the provisions of Article 21-A(1) of the Electronic Communications Law;
g) "website", the website of ANACOM.
Article 3
Electronic media
All communications and notifications provided for in this Regulation, as well as the sending of documents, shall be carried out by electronic means, in accordance with the law and without prejudice to access to the services.
Article 4
Support service
ANACOM will provide a support service to undertakings through its public telephone helpline, in particular with a view to promoting electronic access to its services.
CHAPTER II
Notification obligations
SECTION I
Notification of start of activity
Article 5
Communication
1 – For the purposes of Article 21(1) of the Electronic Communications Law, undertakings are required to give prior notification of the following information to ANACOM:
a) data which enables full identification of the undertaking;
b) a brief description of the network or service to be provided;
c) the date scheduled for the start of the activity.
2 – For the purposes of point a) of the previous paragraph, the communication shall include the following information:
a) data which identify the company;
b) information to identify the undertaking’s permanent representation in Portugal, where applicable;
c) contacts for communications and notifications in general.
3 – As proof of the information set out in points a) and b) of the previous paragraph and when necessary, the communication must include a valid identification document.
4 – For the purposes of point c) of paragraph 2, undertakings may not indicate contacts which entail payment of a premium tariff.
5 – The indication of contacts for communications and notifications in general under the provisions of point c) of paragraph 2, shall not affect the collection of contacts for particular ends, on ANACOM’s initiative.
6 – For the purposes of points b) and c) of paragraph 1, the communication shall incorporate the following:
a) For each service provision:
i) classification of the provision, including the type of service, the type of market, the support network and the possible use of spectrum or numbering resources;
ii) if spectrum or numbering resources are used, indication of the type of resources concerned;
iii) the date set for start of the provision;
iv) a general description of the provision;
b) For each network provision:
i) classification of the provision, including the type of network, the purpose and ownership of the network and the possible use of spectrum or numbering resources;
ii) if spectrum or numbering resources are used, indication of the type of resources concerned;
iii) the date set for start of the provision;
iv) a general description of the provision.
7 – In the case of offers which are not available to the public and for the purposes of points b) and c) of paragraph 1, it will suffice if the communication includes the information specified, depending on the case, in i) to iii) of point a) or i) to iii) of point b) of the preceding paragraph.
Article 6
Procedure
1 – Notice of start of activity is to be presented in writing, in accordance with the form approved by ANACOM, by:
a) email, sent to the general email address of ANACOM;
b) completing and submitting the form available on the website.
2 – Once the notice has been received and registered, ANACOM will:
a) Confirm, in writing, the receipt of the notice, informing the undertaking as to:
i) the nature of the communication and the general authorisation scheme;
ii) the date on which the notice was received;
iii) the case number;
iv) identification and contact details of the service where the case is being handled;
b) Verify that the communication has been properly submitted and, if not properly submitted, request, in writing, rectification of any deficiencies which cannot be remedied ex oficio and the provision of information which it deems necessary for its assessment.
3 – If ANACOM concludes that the provision described in the notice does not correspond to a provision of electronic communications networks and services, ANACOM will not register the company, without prejudice to a prior hearing and notification of ANACOM’s final assessment, pursuant to the law.
SECTION II
Other Notifications
Article 7
Notification of modification and termination
1. For the purposes of Article 21(6) of the Electronic Communications Law and in accordance with Article 14, undertakings are required to give notice, in particular, about:
a) a new date scheduled for the start of activity, pursuant to Article 8;
b) the start of a new provision, pursuant to Article 9;
c) amendment of information previously provided about a provision, pursuant to Article 10;
d) amendment of any identification data or contact details previously provided, pursuant to Article 11.
2. For the purposes of Article 21(7) of the Electronic Communications Law and in accordance with Article 14, undertakings are required to give notice, in particular, about:
a) the termination of a provision, pursuant to Article 12;
b) the termination of their activity, pursuant to Article 13.
Article 8
Notification of new date for the scheduled start of activity
Undertakings whose scheduled date for the start of activity has been exceeded and which are not yet operating at the end of the time limit set for complying with the first regular submission of statistical information to ANACOM shall, at the request of this Authority and within the time limit set for the purpose, depending on the case:
a) indicate a new date for the scheduled start of activity and, if needed, the provision in question;
b) give notice of abandonment of the start of activity.
Article 9
Notification of the start of a new provision
1 – Undertakings are required to give advance notice to ANACOM relative to the start of a new provision.
2 – The notification provided for in the previous paragraph must include the following information:
a) identification of the undertaking;
b) brief description of the network or service whose provision the undertaking intends to start, pursuant to Article 5(6) or (7) (as applicable).
Article 10
Notification of modification of a provision offer
1 – Undertakings are required to give notice to ANACOM in respect of each of their provisions notified under Article 5 or Article 9, and at the latest as part of their response to the annual electronic communications questionnaire, as determined each year by ANACOM, in particular regarding:
a) any modification resulting in a change in the classification of the provision given, depending on the case, under i) and ii) of point a) or i) and ii) of point b) of paragraph 6 or under paragraph 7, both of Article 5;
b) any other essential alteration to the general description of the provision presented under iv) of point a) or iv) of point b) of paragraph 6 of Article 5.
2 – For the purposes of the previous paragraph, notice of the alteration of a provision regarding the use of numbering or frequencies is considered as made upon the presentation of a request:
a) for the allocation or any other change affecting a right of use, under the provisions of the Electronic Communications Law;
b) for the allocation or any other change affecting a radio licence, under the provisions of Decree-Law 151-A/2000 of 20 July, as amended by Decree-Law 167/2008 of 16 August, by Decree-Law 264/2009 of 28 September, by Law 20/2012 of 14 May, and by Law 82-B/2014 of 31 December.
3 – Undertakings which, after the time limit stipulated for complying with the first regular submission of statistical information, have not yet started a provision are required, at the request of ANACOM and within the time limit established for the purpose, as applicable:
a) to indicate a new date for the scheduled start of the provision;
b) to give notice of the abandonment of starting the provision.
Article 11
Notification of change of identification or contact details
1 – Undertakings are required, within a maximum period of 30 days following the occurrence of an alteration, to notify ANACOM if this affects:
a) the name or business name;
b) the contact details previously provided for the purpose of communications and notifications.
2 – The notification provided for in the previous paragraph must include the following:
a) identification of the undertaking;
b) indication of the alteration.
3 – Where necessary, undertakings will attach the identification documentation as required under Article 5(3) to the notification provided for in this Article.
4 – Undertakings are to notify ANACOM of any changes to the other identification data previously provided, at the latest when they respond to the annual electronic communications questionnaire, under terms to be determined each year by ANACOM.
Article 12
Notification of the termination of a provision
1 – Undertakings are required to give ANACOM at least 15 days advance notice of the termination of the provision of a particular network or a particular electronic communications service.´
2 – The notification required under the previous paragraph must include:
a) identification of the undertaking;
b) indication of the provision to be terminated;
c) the date of termination.
3 – The notification obligation specified in this Article is deemed to have been fulfilled where, in compliance with Article 39(4) of the Electronic Communications Law, the undertaking reports to ANACOM the information referred to in Article 39(1)(c) and provided that the information specified in the previous paragraph is included.
Article 13
Notification of the termination of activity
1 – Undertakings are required to give ANACOM at least 15 days advance notice of the termination of their activity.
2 – The notification required under the previous paragraph must include:
a) identification of the undertaking;
b) indication of the date of termination.
Article 14
Common procedures
1 – The notifications specified in this Chapter II should be presented in writing, in accordance with the form approved by ANACOM, that is, by:
a) email, sent to the general email address of ANACOM;
b) completing and submitting the form available on the website or in the reserved area.
2 – Notifications submitted by completing and submitting the form available in the reserved area shall be deemed to be signed in the name of the company.
3 – Once the notification has been received and registered, ANACOM will:
a) Give written confirmation as to the receipt of the notification, informing the undertaking as to:
i) the date on which the notification was entered;
ii) the case number;
iii) the identification and contact details of the service which will handle the case.
b) Check that the communication has been properly submitted and, if not properly submitted, request, in writing, rectification of any deficiencies which cannot be remedied ex oficio and the provision of information which it deems necessary for its assessment.
4 – In the event that ANACOM concludes that a new provision notified pursuant to Article 9 does not correspond to a provision of electronic communications networks and services, ANACOM will not register the undertaking, without prejudice to a prior hearing and notification of its final assessment, pursuant to the law.
5 – The confirmation specified in point a) of paragraph 3 may be waived when the change of registration can be carried out immediately and automatically, without prejudice to the provisions of Article 22.
CHAPTER III
Register
SECTION I
General provisions
Article 15
Purpose of the register
The register is intended to support the exercise of ANACOM's assigned responsibilities and the disclosure of information about undertakings and their activity.
Article 16
Content of the registration
1 – The entry of each undertaking in the register includes the following information:
a) registration number;
b) full identification of the undertaking, including the information communicated under Article 5(1)(a)and(2) and Article 11;
c) the activity exercised, including the information communicated under Article 5(1)(b)(c) and (6)(7) and under Articles 8, 9, 10, 12 and 13.
2 – The entry of each undertaking in the register will also include the following information:
a) any orders to cease or postpone the provision of services or bundles of services, issued by ANACOM under the provisions of Article 110(3)(b) of the Electronic Communications Law;
b) any decision to suspend the activity of the company, as determined by ANACOM under the provisions of Article 110(5) of the Electronic Communications Law;
c) any decision to apply additional sanctions entailing prohibition from exercising the activity, determined by ANACOM under the provisions of Article 114(1)(b) of the Electronic Communications Law;
d) any other decision with an impact on the exercise of the activity, determined by ANACOM in the context of sanctioning procedures.
3 – The registration of each undertaking in the register will also include any additional notes required in relation to the information associated with the registration
Article 17
Instruments of registration
1 – For the maintenance of the register, each company is associated with a registration case, which includes:
a) the information associated with the registration;
b) additional notes;
c) the procedures, notifications and documents relating to the maintenance of the register.
2. The register will be accessible to the public in accordance with the limits set out in law and in accordance with the principle of open administration.
Article 18
Disclosure
1 – For the purposes of Article 9(1)(c) of the Statutes of ANACOM (approved by Decree-Law 39/2015 of 16 March) and of Article 120(1)(e) of the Electronic Communications Law, and without prejudice to the provisions of the law governing the protection of personal data and undisclosed information, ANACOM will disclose the register on its website.
2 – The provisions of the preceding paragraph do not prevent ANACOM from disclosing information included in the register entry by other means, as appropriate to the exercise of its responsibilities, without prejudice to the provisions of the law governing the protection of personal data and undisclosed information.
SECTION II
Acts of registration
Article 19
Entry in the register
1 – ANACOM is responsible, within a period of five days following receipt of a notification of start of activity, presented pursuant to Chapter I of Title II, or following receipt of a response to the request provided for in Article 6(2)(b), for:
a) entering the undertaking in the register;
b) issuing the statement.
2 – In the event that ANACOM learns of a provision of communications networks or services by an undertaking which has not reported it under the terms of Chapter I of Title II, ANACOM will notify the undertaking in accordance with Article 110(1) of the Electronic Communications Law.
3 – Following expiry of the time limit stipulated under Article 110(2) of the Electronic Communications Law and where the company has not complied with the notification obligation pursuant to Chapter I of Title II, ANACOM may proceed to enter in the register, notifying the company in accordance with the terms of Article 21, without prejudice to any sanctioning procedure that may take place.
Article 20
Amendment of register entries
1 – Upon receipt of a communication pursuant to Articles 8 to 12 or, as applicable, upon receipt of a response to the request provided for in Article 14(3)(b), ANACOM is responsible for proceeding with the appropriate amendment of the undertaking’s registration.
2 – ANACOM is also responsible for amending the entries of undertakings in the register resulting from the decisions referred to in Article 16(2).
3 – When ANACOM learns of a change in the information associated with the entry of an undertaking in the register which has not been notified pursuant to Articles 8 to 12, ANACOM will notify the undertaking in accordance with the terms of Article 110(1) of the Electronic Communications Law.
4 – Following expiry of the time limit stipulated under Article 110(2) of the Electronic Communications Law and where the company has not complied with the notification obligation pursuant to Articles 8 to 12, ANACOM can amend the entry, notifying the company thereof, without prejudice to any sanctioning procedure that may ensue.
5 - The provisions of paragraphs 3 and 4 do not apply to amendments made to identification data which is the subject of commercial registration; in such cases ANACOM can proceed with the corresponding alteration of the entry immediately, without prejudice to any sanctioning procedure that may ensue.
Article 21
Cancellation of registration
1 – An entry in the register will be cancelled by ANACOM when:
a) the undertaking abandons starting its activity;
b) the undertaking ceases its activity;
c) the undertaking is wound up;
d) it is not possible to notify the undertaking within a period of more than 90 days.
2 – For the purposes of point d) of the previous paragraph, it is considered that:
a) Notification of the undertaking cannot be accomplished where, cumulatively:
i) communication by registered letter sent to the address indicated pursuant to Article 5(2)(c) or Article 11(1)(b) is returned on at least three occasions on different dates and where ANACOM does not obtain a new address within 90 days of the date of the last attempt at notification;
ii) in the cases where a facsimile number has been indicated pursuant to Article 5(2)(c) or Article 11(1)(b), as permitted under the law, transmission of a communication by facsimile fails on at least three occasions on different dates and ANACOM does not obtain knowledge of a new facsimile number within 90 days of the last attempt at notification;
iii) the company does not access its account in the reserved area, where such an account is available, in both the time limits provided for in (i) and (ii) above;
b) Notification is deemed impossible at the end of the last of the 90-day time limits provided for in (i) and (ii) of (a) above.
3 – The condition given in (i) of point (a) of the previous paragraph is deemed fulfilled when ANACOM establishes that the undertaking has vacated the premises at the address indicated under Article 5(2)(c) or Article 11(1)(b) and ANACOM does not obtain knowledge of a new address within 90 days from the date of this finding.
4 – Registration can also be cancelled by ANACOM when:
a) the undertaking does not effectively start its activity on the date scheduled and fails to submit, under the terms established in Article 8, a new date for the scheduled start of its activity;
b) the undertaking voluntarily suspends its activity and, following a request from ANACOM and within the time limit set for that purpose, it fails to present a new date for restarting its activity.
5 – For the purposes of point b) of the preceding paragraph, it will be presumed that the undertaking has voluntarily suspended its activity when its entire provision of electronic communications networks and services is discontinued and it does not communicate termination of its activity.
Article 22
Procedures
1 – The act of registration is to be done in writing and is considered notified to the company, in accordance with the law, through delivery of the statement.
2 – Acts amending or cancelling a registration must be done in writing and notified to the undertakings in accordance with the law.
3 – All acts of registration that relate to public registration information, in accordance with the terms of Article 18, will be published on the website.
SECTION III
Registration documents
Article 23
Statement
1 – The statement is in accordance with the model approved by ANACOM and includes at least the following:
a) confirmation that the undertaking has been entered in the register;
b) registration number;
c) name or business name of the undertaking;
d) tax identification number;
e) detailed description of rights in terms of access and interconnection and in terms of the installation of resources provided for in the Electronic Communications Law;
f) indication that the updated details of the undertaking's registration must be confirmed by checking the website.
2 – At the request of the undertaking and in accordance with the previous paragraph, ANACOM will issue:
a) an updated statement;
b) a duplicate of the statement.
3 – ANACOM will provide a copy of the statements issued under the provisions of the previous paragraphs, for download, in the reserved area.
Article 24
Extract of the register entry
1 – The extract of the registry entry will comply with the draft approved by ANACOM and will reproduce in full the updated information of the registration and additional notes.
2 – The extract of the registration is issued by ANACOM:
a) together with the statement;
b) at the request of the undertaking, at any time.
3 – The extract of the registration entry remains available, for download, in the reserved area.
CHAPTER IV
Templates, drafts and forms
Article 25
Templates and drafts
1 – In accordance with the law and the present Regulation, ANACOM will approve the templates to be used for the notifications provided for under Title II.
2 – For the purposes of the previous paragraph, ANACOM may approve separate templates for specific categories of electronic communications networks or services.
3 – ANACOM approves, in accordance with the law and this Regulation, the following templates:
a) draft statement, as provided for in Article 23;
b) draft extract of the registration entry, as provided for in Article 24.
Article 26
Forms
1 – ANACOM will make the forms corresponding to the notification templates approved under the previous article available on its website, for download or for completion and submission.
2 – The forms referred to in the previous paragraphs are also made available through the electronic services one-stop shop, provided for in Article 6 of Decree-Law 92/2010 of 26 July, under terms to be defined under the cooperation between ANACOM and the respective management entity.
3 – The forms are to include clear and accessible information on the formalities and documents required for submission of the notifications, instructions for their completion and any other relevant information.
CHAPTER V
Electronic services
Article 27
Website
ANACOM will make the following information and functions available on its website, along with any others that may prove necessary:
a) Complete, clear and accessible information to any interested party about:
i) the regime governing access to the activity of providing electronic communications networks and services;
ii) the notification duties related to the identification, contact details and the start, modification and termination of activity;
b) registration in accordance with Article 18;
c) the forms approved by ANACOM, pursuant to Article 26;
d) access to the reserved area.
Article 28
Reserved area
1 – On its website, ANACOM will maintain an area reserved for the management of entries in the register by undertakings; in this area ANACOM will provide:
a) the information specified in point a) of Article 27;
b) in addition to any others as may prove necessary, the following capabilities:
i) consultation of all updated registration data;
ii) download of an updated extract of the registration entry;
iii) download of a copy of issued statements;
iv) download of the forms approved by ANACOM, and their completion and submission;
v) consultation of the status of ongoing cases in the context of registration maintenance;
vi) an account to receive and consult communications and notifications sent by ANACOM in the context of maintaining the register;
vii) the delivery to ANACOM of other requests, communications and notifications in the context of maintaining the register;
viii) the management of instruments to access the reserved area.
2 – The services set out in the previous paragraph can be accessed using the electronic services one-stop shop, as provided for in Article 6 of Decree-Law 92/2010 of 26 July, under the terms to be defined under the cooperation between ANACOM and the respective management entity.
3 – ANACOM will provide registered undertakings with all instruments necessary to access the reserved area, including username and password for access, under the terms to be established by law, with a view to guaranteeing the confidentiality and security of information.
CHAPTER VI
Supplementary provisions
Article 29
Oversight
ANACOM is responsible for overseeing compliance with the provisions of the present Regulation.
Article 30
Sanctioning regime
Breaches of the provisions of Chapter II of the present regulation are punishable pursuant to Article 113(2)(b) of the Electronic Communications Law.
CHAPTER VII
Transitional and final provisions
Article 31
Updating of the register
1 – ANACOM will make the necessary adaptations to the registry to ensure compliance with the provisions of the present Regulation, including:
a) the numbering of the registration entry of each company;
b) the issuance of a new statement to replace those previously issued by ANACOM.
c) the completion of the registration details of the undertakings, based on notifications received previously.
2 – For the purposes of point c) of the previous paragraph, ANACOM:
a) regarding the contacts for communications and notifications in general set out in Article 5(2)(c), notifies the companies of the contacts undertaken for that purpose from the date of the entry into force of the present Regulation;
b) regarding the activity engaged in, asks the undertakings, if necessary, to provide any missing data and, once completed, communicates the updated content of their registration entry for checking of the respective details.
3 – The replacement of statements previously issued by ANACOM, pursuant to point b) of paragraph 1, will in no way affect the validity of any authorisation, determination of conditions or any other act approved upon the issuance of said statements.
Article 32
Provisions not available to the public, with use of spectrum subject to radio licensing
In the case of provisions not available to the public using spectrum subject to radioelectric licensing, in accordance with Decree-Law 151-A/2000 of 20 July, as amended by Decree-Law 167/2008 of 16 August, by Decree-Law 264/2009 of 28 September, by Law 20/2012 of 14 May and by Law 82-B/2014 of 31 December, and until such time as approval is given by ANACOM, pursuant to the provisions of Article 25, for a template for this purpose, notice of start of activity pursuant to Article 5 shall be considered as made upon submission of an application for radio licensing.
Article 33
Time limits
The time limits provided for in the present Regulation are to be calculated pursuant to the rules set forth in Article 87 of the Code of Administrative Procedure, approved by Decree-Law 4/2015 of 7 January.
Article 34
Repeal provision
Paragraphs 1, 2, 6 and 7 of ANACOM's decision of 3 May 2004 on the procedures for commencing provision of electronic communications networks and services are hereby repealed.
Article 35
Entry into Force
1. Without prejudice to paragraph 2, this Regulation will enter into force 30 days following the date of its publication.
2. The provisions of this Regulation relating to the extract of the registration entry will enter into force only on the date of approval of the respective draft, pursuant to Article 25(3).
