The President of the Board of Directors of the Instituto das Comunicações de Portugal (ICP), Dr. Luís Filipe Nunes Coimbra Nazaré, by order dated 16 August 1999, under the provisions of Article 7(1)j and Article 9(3), both of Decree-Law 283/89 of 23 August, under the terms of Articles 3 and 14 of Decree-Law 381-A/97 of 30 December, as amended by Decree-Law 92/99 of 23 March, grants a Public Telecommunications Network Operator licence, within the national territory, to SRD - Redes de Dados, S.A., under the following terms:
1º SONAE - Redes de Dados, S.A, henceforth known as SRD, entity registered at the ICP, under the terms of Decree-Law 381-A/97 of 30 December, under No. ICP-006/99, to exercise the activity of public use telecommunications, is by this certificate licensed as Public Telecommunications Network Operator, within the national territory.
2º 1. By this license, SRD is authorised to establish and provide a Public Telecommunications Network, guaranteeing connections on a national level and involving, on an international level, interconnection with networks and services in other countries.
2. For the purposes of the previous paragraph, SRD is authorised to install the infrastructure provided for in the technical project presented, as well as to use means of radio transmission, using for this purpose the frequency bands assigned to the multipass point to point fixed service, in accordance with the terms and conditions provided for in the licences for the radio station which integrate the network in question.
3º This license is governed by the provisions of Decree-Law 381-A/97 of 30 December, by the Regulations for Operation of the Public Telecommunications Networks, as well as by other legislation applicable to the communications sector.
4º The licensed activity should be commenced within a period not exceeding 18 months from the date of issue of this licence, unless duly justified for reasons of force majeure and recognised as such by the ICP.
5º 1. Within the licensed activity, SRD is subject, among other obligations arising from the applicable legislation, to the following obligations:
a) To guarantee the security of the network operation and the maintenance of its integrity, taking for this purpose appropriate measures to fulfil this obligation, and also to have available specialised technical staff, so as to guarantee and maintain the minimum functionality of the network whenever factors occur which might affect it;
b) To use in an effective and efficient way the frequencies allocated to it, complying with the terms and conditions defined by the ICP in the licences of the radiocommunications stations which make up the public telecommunications network, and which determined the act of allocation;
c) To contribute financially to the costs of the universal services, under the terms of the law;
d) To allow access to the respective ducts, posts and other installations, in the cases provided for by law and in the Regulations for Operation of the Public Telecommunications Networks;
e) To observe land use planning regulations and to respect the restrictions inherent to protection of the environment, of heritage and of access to public and private domains, as well as to request the licensing acts provided for by law, in particular those which are the responsibility of municipal authorities;
f) To interconnect with other networks, so as to provide for interoperability of public telecommunications services, under the terms of Decree-Law 415/98 of 31 December.
2. SRD is also required to fulfil other obligations which may be applicable to it as a result of the publication of standards which may be approved and which establish requirements and conditions unforeseen at the date of issue of this licence, in accordance with the principles of pursuit of public interest and proportionality.
5º SRD has the following special obligations to the ICP:
a) To inform the ICP of any alterations which may be introduced in its memorandum of association and/or in the technical-economic prerequisites which are the grounds for the assignment of this licence;
b) To request licensing for radiocommunications stations integrating the public telecommunications network, under the terms of the applicable legislation;
c) To communicate the date of the effective commencement of the licensed activity;
d) To provide access to their installations for verification of the equipment used, documentation and data;
e) To make available and send to the ICP the statistical data and other information necessary for supervision of the commencement and development of the activity in the telecommunications markets;
f) To comply with the indications which, under the terms of the law and this licence, are addressed to it by the ICP within the time limit established for this purpose, unless another time limit is established by specific law.
7º SRD shall undertake to pay to the ICP an annual fee, of an amount and in accordance with that established by order, under the terms of and under the provisions of Paragraph 3 of Article 29 of Decree-Law 381-A/97 of 30 December, as well as any other fees which may be required by law.
8º The duration of this licence is 15 years, from the date of its issue, the date of expiration being 16 August 2014.
Lisbon, 16 August 1999.
The President of the Board of Directors
Dr. Luís Filipe Nunes Coimbra Nazaré
