New Regime
Decree-Law no. 123/2009, of 21 May, which was published at 21 May in the Official Gazette, no. 98, Series I, lays down a new regime that applies to the construction of infrastructures suitable for the accommodation of electronic communications networks, to the set up of electronic communications networks and the construction of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings, a regime which shall take effect as from 22 May.
This statutory instrument, which restates the right to access public domain and to apply for expropriations and easements already provided for in the Electronic Communications Law (Law no. 5/2004 of 10 February), establishes a common framework that applies to the construction of ducts and other infrastructures suitable for the accommodation of electronic communications networks. This also promotes the use of harmonised procedures, particularly as regards the relationship between operators and local authorities, an issue of indisputable importance to avoid uncertainties and obstacles in the set up of infrastructures suitable for the accommodation of new generation networks.
In addition to rules that apply to the construction and extension of infrastructures, this Decree-Law opens to electronic communications operators all ducts and infrastructures held by the State and other public bodies. This rule applies to a wide range of bodies, including the State, Autonomous Regions, Local Authorities, public companies, concessionaries and other bodies holding infrastructures integrating the public domain.
Operators may thus exercise the right to access the above-mentioned infrastructures in equal, transparent and swift conditions, subject to cost-orientated remuneration conditions established by holders of such infrastructures. This right has not been established without any limitations; however, the situations in which it may not be put into effect have been clearly and exhaustively set out.
The effective exercise of this right of access is based on the implementation of a centralised information system (SIC), which contains information deemed to be relevant to ensure not only the right to use public domain, but also the right to access ducts and other infrastructures suitable for the accommodation of electronic communications networks. The SIC is thus deemed to be a fundamental and strategic instrument in the context of the deployment of new generation networks.
Some of the innovative features of this statutory instrument are the establishment of the ITUR regime, the imposition of compulsory infrastructures in housing developments, urban settlements and concentrations of buildings, the imposition of fibre optic in ITED, new rules on access to ITED, changes in qualifications required for designers/installers technicians, the imposition of updates of knowledge (training courses) to apply for a renewal of registration, and the creation of ITUR training providers.
A set of rules on the alteration of infrastructures in buildings already constructed, so as to adapt them to fibre optic, has also been provided for, as well as transitional provisions which shall remain in force until the new ITED and ITUR manuals are published (technical standards to be approved by ANACOM).
In addition, according to the new regime, the conformity of the infrastructure must be declared by the installer in a guarantee instrument, the certification activity ceasing to be required.
Consult:
- Decree-Law no. 123/2009, of 21 May https://www.anacom.pt/render.jsp?contentId=963748
