Decree-Law no. 123/2009, of 21 May

Ministério das Obras Públicas, Transportes e Comunicações (Ministry for Public Works, Transport and Communications)

Decree-Law

(This is not an official translation of the law)

Resolution of the Council of Ministers no. 120/2008, of 30 of July, determined that the investment on next generation networks should be deemed as one of the strategic priorities for the Country as far as the electronic communications sector is concerned.

This Resolution includes the Government's strategic guidelines for next generation networks (NGN), such as an effective and non-discriminatory access to ducts and other infrastructures, regardless of the respective owner, the provision for technical standards on infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings (ITUR), and the adoption of solutions aimed at eliminating or reducing vertical barriers to the roll out of fibre optics, so as to prevent the first operator from monopolizing the access to buildings. Notwithstanding, an integrated regime, possibly a complex one, was left to be laid down, establishing the fundamental interaction guidelines, in this framework, between the different actors involved in the operation of electronic communications networks.

In this context, Chapter I determines that the concessionary of the telecommunications public service remains subject to the stricter rules flowing from the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, and from measures adopted by ICP - ANACOM in the context of article 26 thereof, and for this reason the regime herein does not apply to the referred operator as far as the access to ducts, masts, other facilities and locations held or managed by it are concerned. The concessionary of the telecommunications public service must comply, however, with provisions herein concerning the provision of information and records of infrastructures, pursuant to and subject to the requirements of a centralised information system (SIC) provided for in Chapter IV. Pending the actual implementation of the SIC, ICP-ANACOM, being the national regulatory authority, shall adapt the arrangements for provision of information on access to ducts, masts, other facilities and locations by the concessionary of the telecommunications public service, so as to achieve a coordination with the SIC.

In another respect, privative networks of holders of sovereign power, of the Ministry for National Defence, of security, emergency and civil protection forces and services, are not covered by this Decree-Law, on account of their special nature and purpose.

This Decree-Law also sets out the system’s general principles, namely the principles of competition, open access, non-discrimination, effectiveness and transparency.

Chapters II, III and IV concern the promotion of the construction, set up and access to infrastructures suitable for the accommodation of electronic communications networks – in a technologically neutral approach – in property owned by public bodies, comprising not only the State, Autonomous Regions and local authorities, bodies under their authority or supervision, performing administrative tasks, regardless of their entrepreneurial nature, but also public companies, concessionaries and other bodies holding infrastructures that integrate the public domain of the State, Autonomous Regions and local authorities. Provision is thus made for an open and non-discriminatory access to ducts, masts and other facilities owned by bodies that, even though operating in other sectors, hold relevant duct networks.

This regime aims for the removal or reduction of barriers to the construction of infrastructures suitable for the accommodation of electronic communications networks, laying down rules directed towards an easier coordination of underground intervention, namely the requirement to communicate any works undertaken to enable the construction of infrastructures adapted to the accommodation of electronic communications networks and to accept the association of sector companies in this intervention.

In parallel, a centralised information system (SIC) is established, containing data on records of infrastructures held by the above-mentioned public bodies and by electronic communications operators.

Chapter II focuses specifically on the construction of infrastructures. The following aspects must be stressed as far as this regime is concerned.

The Electronic Communications Law, approved by Law no. 5/2004 of 10 February, restates the right to use the public domain, for the purposes of implanting, crossing or passing over as deemed necessary to allow the setting up of systems, equipment and other resources, by means of procedures which must be transparent, duly published and applied without discrimination and delay.

The use of harmonised procedures is another relevant aspect, 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 electronic communications networks. It is thus laid down that the construction of infrastructures suitable for the accommodation of electronic communications networks is subject to a procedure of prior communication to the municipal council, as provided for in the urban building and development legal regime. The possible reactions to the prior communication are also exhaustively laid down, being provided that the particulars to be attached to the prior communication shall be defined in an administrative rule, which must be published pursuant to paragraph 4 of article 9 of the urban building and development legal regime.

As regards fees for rights of way in property of public or private municipal domain, this Decree-Law refers to the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, which provides for the municipal fee for rights of way (MFRW). However, in compliance with applicable constitutional principles, it is clarified in this scope that other fees, charges or remunerations may not be collected for rights of way, thus avoiding that the same fact is double charged.

Thus, this statutory instrument constitutes an attempt to rationalise the intervention in public spaces, reducing situations involving street works and enabling a reduction of expenses with the construction of infrastructures suitable for the accommodation of electronic communications networks, without placing an undue burden on bodies promoting the construction.

Chapter III – on access to infrastructures – includes a set of provisions aimed to ensure an open access to present and future infrastructures that, on account of their particular features, are suitable for the accommodation of electronic communications networks, within the framework of Resolution of the Council of Ministers no. 120/2008, of 30 July.

This right is limited only by the lack of capacity of infrastructures to accommodate communications networks, in case the use of infrastructures renders ineffective the main purpose for which they were established, or where it implies infringement of public service obligations entered into by bodies concerned, or in case of lack of space available as a result of the stage of occupation. That right may be subject to the compliance with technical or security instructions laid down by holders of infrastructures or of property where such infrastructures are installed.

The access to infrastructures set out in this chapter must be ensured in equal, transparent and non-discriminatory conditions, subject to cost-orientated remuneration conditions.

The effective exercise of the right of access, in accordance with the terms set out herein, is based on the implementation of a centralised information system (SIC), provided for in chapter IV.

The SIC contains information deemed to be relevant to ensure not only the right of use of public domain provided for in chapter II, but also the right to access ducts and other infrastructures suitable for the accommodation of electronic communications networks, provided for in chapter III.

The SIC is of fundamental importance for an open and effective access, by all electronic communications companies, to infrastructures suitable for the accommodation of the respective networks, within the framework of Resolution of the Council of Ministers no. 120/2008, of 30 July. It is thus deemed to be an entirely strategic instrument in the context of network development, whose usefulness goes beyond the electronic communications sector, as it may be a great help in the planning of other networks and in the scope of territorial planning.

This strategic element naturally requires the adoption of the necessary rules to prevent non-authorized access to information therein deemed to be confidential.

Through the SIC it is possible to access information on procedures and conditions for the allocation of rights of way, information on advertisements of construction of new ducts and other infrastructures suitable for the accommodation of electronic communications networks, comprehensive and geo-referenced information on all infrastructures suitable for the accommodation of electronic communications networks, held by public bodies or by electronic communications companies, and information on procedures and conditions that apply to the access to and use of each of the referred infrastructures.

In parallel, both public bodies and electronic communications companies are required to draw up records of all infrastructures they hold which are suitable for the accommodation of electronic communications networks. Bodies subject to the duty to provide access to their infrastructures must also implement a procedure for replying swiftly and in a non-discriminatory manner to information requests on such infrastructures made by electronic communications companies. The SIC shall also allow ICP - ANACOM to ensure a close and effective enforcement of obligations provided for herein.

The SIC is based on the principles of information sharing and reciprocity, and it may be accessed by all bodies that ensure fulfilment of related information obligations.

Chapter V defines, for the first time, the legal regime that applies to telecommunications infrastructures in housing developments, urban settlements and concentrations of buildings (ITUR), to implement provisions of Resolution of the Council of Ministers no. 120/2008.

Several aspects must be stressed as far as this regime is concerned.

Provision is made for the principle of a compulsory ITUR construction in the stage of development or of urbanisation, with a distinction between two separate concepts: i) public ITUR, located in public areas, which must be constituted by piping; and ii) private ITUR, located in concentrations of buildings, which must be constituted by piping and cabling. In both cases, ICP - ANACOM is required to issue technical standards on the design and set up of these infrastructures, as previously done for infrastructures for telecommunications in buildings (ITED).

Different regimes have been established as regards the ownership, management and access, depending on whether the ITUR are public or private.

Thus, as regard the ownership and management of public ITUR, the latter are deemed to integrate the municipal public domain, their management and preservation being incumbent on the respective municipal councils, according to rules set out herein.

For this purpose, the owner and other holders of rights in rem in the building to be developed must transfer free of charge to the municipal council the ITUR set up therein. Having been integrated in the municipal public domain, the respective municipal councils may choose an autonomous body according to the Public Contracts Code and delegate thereon the management and preservation of ITUR. Procedures to be defined by municipal councils as regards downstream access to public ITUR by electronic communications companies must be transparent, swift, and non-discriminatory and properly publicized. The conditions for the exercise of the rights of access must comply with the principles of transparency and non-discrimination, pursuant to chapter III.

As far as private ITUR are concerned, they integrate the communal areas of concentrations of buildings and are co-owned by all dwelling owners, the management and preservation thereof being incumbent on the respective management body, according to the legal regime of horizontal property and the regime proposed herein.

In this context, attention should be drawn to situations where owners or management bodies of concentrations of buildings are entitled to oppose the set up of telecommunications infrastructures for individual use by any dwelling owner, tenant or legal occupant.

As regards access, developers, municipal councils and bodies appointed by them (public ITUR), as well as owners and management bodies of concentrations of buildings (private ITUR) are required to ensure that electronic communications companies are provided with an open, non-discriminatory and transparent access to ITUR, for the purpose of the set up, preservation, repair and alteration of infrastructures.

In this scope also a distinction must be made between the regime of access to public ITUR, where a (cost-orientated) remuneration may be due for the set up of cabling and occupation, and to private ITUR, which may not be made subject by owners and management bodies of concentrations of buildings to the payment of any type of compensation, financial or other. Moreover, the conclusion of exclusive access agreements is forbidden and any agreement that fails to comply with the regime laid down is deemed to be null and void.

A regime for ITUR technical staff has been provided for (designers, installers, training bodies), in line for the most part with the framework and solutions currently in force for ITED technical staff.

Chapter VI establishes the regime that applies to infrastructures for telecommunications in buildings (ITED), involving in this context an evolution as regards the framework defined by Decree-Law no. 59/2000, of 19 April, which is currently in force.

Several issues must be highlighted in this scope.

The compulsory set up of fibre optics in the scope of the ITED has been laid down, in addition to that of copper and coaxial cable, which has been compulsory so far.

Moreover, the qualification regime of ITED technical staff (designers and installers) has been redefined. In the framework which is now proposed, public professional associations are responsible both for identifying technicians deemed to be qualified for the exercise of the ITED designer or installer activity, and for updating knowledge of registered technicians. In the present context of migration to new technologies, with the particular focus on fibre optic deployment, these training courses are of particular importance.

The regime that applies to carrying out alterations to ITED already set up has also been provided for. In this context, attention should be drawn to the list of situations, similarly as in the regime of private ITUR, in which owners or management bodies of buildings are entitled to oppose the set up of telecommunications infrastructure for individual use by any dwelling owner, tenant or legal occupant.

As a transitional regime, that is, until the new ITED manual takes effect, rules have been laid down not only to promote the set up of fibre optics in buildings but also to avoid monopolization of ITED infrastructures by the first operator.

This Decree-Law thus aims to meet the clear need for the definition of the framework that applies to the development of and investment in new generation networks by investors or electronic communications operators, towards the operation of a competitive market.

All are asked to take part: local authorities, operators, commercial operators and installers, manufacturers and, naturally, consumers of electronic communications services, in order to take further the path of investment in the information society.

This Decree-Law has been submitted to a public consultation.

The self-government bodies of the Autonomous Regions, the Associação Nacional de Municípios Portugueses (National Association of Portuguese Municipalities) and the Associação Nacional de Freguesias (National Association of Parishes) were heard.

Therefore:

Pursuant to paragraph 1a) of article 198 of the Constitution, the Government hereby decrees as follows:

CHAPTER I
Subject-matter, principles and definitions

 
Article 1
Subject-matter

1 – This Decree-Law governs the 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.

2 - The provisions of this Decree-Law shall be without prejudice to the regime that applies to electronic communications networks and services provided for in the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, namely provisions that apply pursuant thereto to ducts, masts, other facilities and locations held by the concessionaire of telecommunications public service.

3 – The regime provided for in chapter III herein does not apply to the concessionaire of telecommunications public service, which remains subject to the regime provided for in the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, as regards ducts, masts, other facilities and locations held by it.

4 - The privative networks of holders of sovereign power, of the Ministry for National Defence, or under its responsibility, of security, emergency and civil protection forces and services, are not covered by this Decree-Law; nevertheless, if they so wish, these bodies are entitled to provide access to infrastructures held by them which are suitable for the accommodation of electronic communications networks, pursuant hereto.

Article 2
Scope of application

Provisions in Chapters II, III and IV apply:

a) To the State, Autonomous Regions and local authorities;

b) To all entities under the authority or supervision of bodies of the State, Autonomous Regions and local authorities, performing administrative tasks, regardless of their entrepreneurial nature, as well as to public companies and concessionaries, particularly those active in the field of infrastructures for roads, railways, ports, airports, water supply, sewerage, and transport and distribution of gas and electricity;

c) Other bodies holding or exploiting infrastructures that integrate the public domain of the State, Autonomous Regions and local authorities.

Article 3
Definitions

1 – For the purposes hereof, the following definitions shall apply:

a) “Access” shall mean making available physical infrastructures including buildings, ducts, masts, inspection chambers, manholes, cabinets and facilities intended for the accommodation, setting up and removal of electronic communications transmission systems, equipment and resources, as well as for the performance of corrective and unblocking interventions;

b) “Building telecommunications cabinet” shall mean a restricted access device, that accommodates general distribution frames, which allow the interconnection between the building networks and those of electronic communications companies, or those of infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings (ITUR);

c) “Concentration of buildings” shall mean a group of contiguous buildings which are functionally linked to one another by communal areas intended for the use of all or some of the units or dwellings that integrate them, regardless of whether the latter are constituted as horizontal property;

d) “Duct” shall mean a pipe or a set of pipes, usually underground, or placed along communication routes, which support, accommodate and protect other electronic communications pipes (sub ducts) or cables;

e) “Right of way” shall mean the ability to access and use property of the public domain, to construct, set up, alter and repair infrastructures suitable for the accommodation of electronic communications networks, or to repair cables, systems, equipment or any other resources  or elements of electronic communications networks;

f) “Electronic communications company” shall mean a body that, pursuant to the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, provides publicly available electronic communications networks or services;

g)  “Dwelling” shall mean a fraction of a building which is an independent unit, whether or not the building is constituted as horizontal property;

h) “Infrastructures suitable for the accommodation of electronic communications networks” shall mean piping networks, masts, ducts, inspection chambers, manholes, cabinets or buildings, respective accessories and any associated infrastructures which can be used to accommodate or preserve electronic communications cables, equipment or any communications networks resources, as well as bypass devices, joints or other equipment necessary for the transmission of electronic communications in those networks;

i) “Installer” shall mean a natural person or legal body qualified to set up and alter telecommunications infrastructures, according to designs, as well as to preserve such infrastructures in housing developments, urban settlements and concentrations of buildings, pursuant hereto;

j) “Technical instruction” shall mean the set of rules and procedures provided for in Chapters II and III hereof, concerning the drawing up of designs and the setting up of infrastructures suitable for the accommodation of electronic communications networks or the setting up of networks in infrastructures which already exist, established by the body responsible for their administration and management;

l) “ITED manual” shall mean the set of design, set up and test technical standards, as well as the set of technical specifications on materials, devices and equipment, which constitute the infrastructures for telecommunications in buildings (ITED), to be approved by ICP - ANACOM;

m) “ITUR manual” shall mean the set of technical requirements on draft work, installation and tests, as well as the set of technical specifications on materials, devices and equipment, which constitute the ITUR, to be approved by ICP-ANACOM;

n) “Works” shall mean the construction, reconstruction, alteration, repair, preservation, restoration, adaptation and improvements of buildings and infrastructures covered by this Decree-Law;

o) “Designer” shall mean a natural person or legal body qualified to prepare set up and alteration designs for infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings, pursuant hereto;

p) “Simplified technical design” shall mean an ITED technical design which only concerns the technology intended to be set up;

q) “Electronic communications networks” shall mean transmission systems and, where applicable, switching or routing equipment and other resources which permit the conveyance of signals by wire, radio, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;

r) “Piping network or piping” shall mean the set of tubes, guttering, busways, inspection chambers and cabinets, intended for the accommodation of cables, devices and equipment;

s) “Public electronic communications network” shall mean an electronic communications network used wholly or mainly for the provision of publicly available electronic communications services;

t) “Remuneration for access” shall mean the amount due by publicly available electronic communications companies for the use of infrastructures suitable for the accommodation of electronic communications networks, to set up, accommodate, repair and remove cables;

u) “Building general distribution frame” shall mean a device as defined in the Subscriber Telephone Infrastructure Regulation, approved by Regulatory Decree no. 25/87, of 8 April, which has similar functions to those of the building telecommunications cabinet;

v) “Type A cabling systems” shall mean cabling systems, including antennas, for the reception and distribution of radio or television terrestrial signals;

x) “Centralised information system (SIC - Sistema de informação centralizado)” shall mean a system that ensures the provision of information on electronic communications infrastructures, pursuant to article 24;

2 – For the purpose of point i) of the preceding paragraph, associated infrastructures shall include access routes to buildings and other infrastructures required to set up, remove, maintain or repair electronic communications cables in ducts and subducts.

Article 4
General principles

1 – The regime provided for herein shall be subject to the principles of competition, open access, equality, non-discrimination, effectiveness, transparency, technological neutrality and absence of cross-subsidisation between sectors.

2 – In the scope of the enforcement hereof, and as regards matters of common interest, ICP-ANACOM must cooperate, where appropriate, with the relevant authorities and services, namely sector regulatory bodies.

CHAPTER II
Construction and extension of infrastructures suitable for the accommodation of electronic communications networks

 
Article 5
Expropriations, easements and rights of way of electronic communications companies

1 – Within the scope hereof, rights provided for in paragraph 1 a) and b) of article 24 of the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, shall be guaranteed to electronic communications companies.

2 – Paragraphs 5 and 6 of article 24 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, apply to the allocation of rights referred to in the preceding paragraph, pursuant thereto.

3 – Rights of way, provided for in paragraph 1, shall be allocated by means of a license, pursuant to the following article and to the legal regime that applies to property under public domain.

Article 6
Procedures for the allocation of rights of way in public domain to electronic communications companies

1 – It is incumbent on bodies referred to in article 2 to establish regulations laying down the procedures for the allocation of rights of way in public domain, as provided for in the preceding article, where applicable, including the technical instructions referred to in article 11, which must comply with the principles set out in paragraphs 3 and 4 of article 24 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February.

2 – Procedures for the allocation of rights of way in public domain under the management of bodies referred to in article 2, to be established pursuant to paragraphs 3 and 4 of article 24 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, shall comprise:

a) Particulars to be attached to the application for construction and set up of infrastructures, as well as the body to whom such application must be addressed;

b) Provisions on the reservation of space in ducts and other infrastructures for the administration and use  by the management body of the domain property  or body appointed by it, where applicable;

c) Obligations to repair infrastructures that were damaged due to interventions performed for the purpose of set up and/or repair of pipes, cables, ducts, manholes, masts, equipment and other resources;

d) Securities or other guarantees that the location where infrastructures were set up are restored to normal conditions of use;
e) Procedures for unblocking infrastructures;

f) Rules on the prior advertisement intended to gain support to the intervention by other electronic communications companies that wish to set up support infrastructures to their networks’ systems and equipment, in the same area.

3 - Bodies responsible for the establishment of procedures for the allocation of rights of way must ensure they are made available in the SIC referred to in chapter IV.

4 - Procedures for the allocation of rights of way to be established by concessionaries provided for in point b) of article 2, as regards property of the public domain under their management, require the prior approval of the conceding body, which must be given within 20 days at the most from the reception thereof.

5 – Where the deadline referred to in the preceding paragraph expires before a decision has been taken, the respective procedures are deemed to be approved.

6 – The procedure for allocation of rights of way relatively to property of the municipal public domain shall attach the particulars referred to in this article, together with the prior communication provided for in the following article; where the latter is not rejected, the right of way is deemed to have been allocated.

Article 7
Prior check procedure for infrastructures suitable for the accommodation of electronic communications networks

1 – Without prejudice to the preceding article, the construction by electronic communications companies of infrastructures suitable for the accommodation of electronic communications networks, which do not involve housing developments, urban settlements and concentrations of buildings, shall be governed by this statutory instrument, as well as by the prior communication procedure provided for in articles 35, 36 and 36-A of the urban building and development legal regime, approved by Decree-Law no. 555/99, of 16 December, duly adapted, with the following exceptions:

a) Set up and functioning of infrastructures subject to municipal authorization pursuant to Decree-Law no. 11/2003, of 18 January;

b) Works required to avoid situations that may hinder public health and safety, as well as works required to repair faults or unblocking.

2 – In the situations referred to in point b) of the preceding article, the company must communicate to the municipal council, on the following working day, the need for works, through available communication means deemed to be best suited.

3 – Within 20 days at the most from reception of the prior communication referred to in paragraph 1, the municipal council, in writing and in a substantiated manner, may:

a) Determine that the referred companies must postpone the set up and operation of infrastructures by 30 days at the most, where, to plan and execute works, it intends to make mandatory the advertisement of the intervention, so that other companies may also express their intention to join the intervention;

b) To reject the application for execution of works where there are infrastructures suitable for the accommodation of electronic communications networks, that belong to the public domain, with available capacity to meet the need of the applicant company;

4 – Where the municipal council has determined the obligation referred to in point a) of the preceding article, it is entitled to establish, in the advertisement referred therein, a temporary barrier to execute works for the setting up of infrastructures suitable for the accommodation of electronic communications networks in the covered area, for  a period not exceeding one year.

5 – The impediment referred to in the preceding paragraph may also be determined by the municipal council in situations of execution of works provided for in article 9.

6 – Municipal councils must ensure that the SIC makes available the determinations issued under paragraph 3.

7 – Particulars to be attached to the prior communication provided for in paragraph 1 shall be set out in an Administrative Rule to be published pursuant to paragraph 4 of article 9 of the urban building and development legal regime, approved by Decree-Law no. 555/99, of 16 December.

Article 8
Obligations of electronic communications companies towards municipal councils

When executing works in municipal public domain, electronic communications companies must:

a) Replace pavements, green areas and public areas, where appropriate;

b) Repair infrastructures that suffered damage from the intervention.

Article 9
Publicizing the execution of construction works or of extension of infrastructures suitable for the accommodation of electronic communications networks

1 – Save in the situations provided for in Chapter V, bodies referred to in article 2, where they plan to execute works that allow the construction or extension of infrastructures suitable for the accommodation of electronic communications networks, must make this intention public, so that electronic communications companies may join the intended works.

2 – Electronic communications companies may join intended works with the purpose of constructing or extending infrastructures suitable for the accommodation of electronic communications networks, on its own or jointly.

3 – The advertisement of execution of works provided for in paragraph 1 must be made available in the SIC, by the respective developers, at least 20 days ahead of the date on which the execution of works is to begin, according to paragraph 1 b) of article 25.

4 – For the purposes hereof, developers must disclose in the SIC the characteristics of the intervention, the time limit for its execution, charges and other conditions to be observed, as well as the time limit to join the works to be executed, the contact point for obtaining clarifications and any provisions precluding future interventions in the area concerned by the notification.

5 – The time limit to join the works to be executed, referred to in the preceding paragraph, shall not be less than 15 days from the date of the advertisement referred to in paragraph 1.

6 – Electronic communications companies who wish to join the notified intervention shall apply for association to works to the developer of the intervention, within the time limit referred to in the preceding paragraph.

7 – Where the deadline to execute the works in not compatible with the time limits provided for in the preceding paragraphs, to ensure compliance with public service obligations, bodies referred to in article 2 may reduce deadlines for advertisement and collection of expressions of interest, ensuring that, after the intervention is concluded, it is publicized for the purpose of subsequent access thereto by electronic communications companies.

8 – Publicizing the execution of works as provided for herein does not relieve developers from their access obligations set out in Chapter III.

Article 10
Costs associated with the construction or extension of infrastructures suitable for the accommodation of electronic communications networks

1 – Electronic communications companies shall bear their share in the cost of investment in the works, which corresponds to the difference in the cost of investment resulting from its association thereto.

2 – The provision of the preceding paragraph shall be without prejudice to the right of access to the infrastructure, pursuant hereto, and remuneration for this access shall take into due account the amounts already incurred by the electronic communications company with the investment in the works.

Article 11
Technical instructions that apply to the construction or extension of infrastructures suitable for the accommodation of electronic communications networks

1 – It is incumbent upon bodies referred to in article 2, where deemed justified, to set out and update the technical instructions that apply to the construction or extension of infrastructures suitable for the accommodation of electronic communications networks, which must be made available in the SIC.

2 – The technical instructions must take into consideration the specificities of infrastructures they are aimed at, and promote the most appropriate technical and safety solutions to set up, repair, maintain, remove and interconnect equipment and network systems, ensuring compliance with principles established in article 4.

3 – ICP - ANACOM is entitled to issue guidelines applicable to the definition of technical instructions provided for in the preceding paragraph as deemed appropriate.

Article 12
Fees due for using and exploiting the public and private domain

1 – A municipal fee for rights of way is due, pursuant to article 106 of the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, for the use and exploit, by providers of publicly available electronic communications networks and services, of property of the municipal public and private domain, involving the construction or set up of infrastructures suitable for the accommodation of electronic communications networks, the collection of any other fees, charges or remunerations for such use or exploitation not being allowed.

2 – Local authorities may opt for not charging the fee mentioned in the preceding paragraph, subject to compliance with the principles of equality and non-discrimination, in order to promote the development of electronic communications networks, and in this case the application and collection of any other any other fees, charges or remunerations to replace or complement them are not allowed.

3 – Paragraph 4 of article 106 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, applies to the use of the public and private domain of the State and Autonomous Regions.

CHAPTER III
Access to infrastructures suitable for the accommodation of electronic communications networks

 
Article 13
Right of access to infrastructures suitable for the accommodation of electronic communications networks

1 – Bodies referred to in article 2 must ensure access to infrastructures suitable for the accommodation of electronic communications networks which they hold or manage to electronic communications companies.

2 – The access referred to in the preceding paragraph must be ensured in equal, transparent and non-discriminatory conditions, subject to cost-orientated remuneration conditions, pursuant to article 19.

3 – Procedures for obtaining the right of access must be swift, transparent and appropriately publicized, and shall not last longer than 20 days after effective reception of applications for access, pursuant to paragraph 2 of article 20.

4 – For the use of infrastructures suitable for the accommodation of electronic communications networks that belong to the public or private domain of local authorities shall be due the fee provided for in article 106 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, and in this case the collection of other fees, charges, prices or remunerations is not allowed.

5 – Article 19 hereof does not apply to the situations referred to in the preceding paragraph.

Article 14
Prohibition of exclusive use of infrastructures suitable for the accommodation of electronic communications networks

1 – All contractual clauses that provide for an exclusive occupation of infrastructures suitable for the accommodation of electronic communications networks by an electronic communications company, or by one of the bodies referred to in article 2, or by both, shall be deemed to be null and void.

2 – The provision in the preceding paragraph shall be without prejudice to the reservation of space by bodies referred to in article 2 for their own use in present and future infrastructures suitable for the accommodation of electronic communications networks, to the extent that this reservation is duly substantiated.

Article 15
Refusal of access to infrastructures suitable for the accommodation of electronic communications networks

Bodies referred to in article 2 may only refuse access to infrastructures suitable for the accommodation of electronic communications networks, which they hold or manage, in a duly substantiated manner, in the following situations:

a) Where the accommodation of electronic communications networks in infrastructures under consideration is not technically feasible;

b) Where the use of infrastructures by electronic communications companies renders ineffective the main purpose for which they were established, where it hinders the safety of people or property, where it implies a serious risk of infringement by bodies referred to in article 2 of legal, regulatory or technical rules concerning public service obligations which the respective service provision must meet;

c) In case of lack of space available as a result of the occupation stage or of the need to ensure space for one’s own use, under paragraph 2 of the preceding paragraph, or for the purpose of maintenance or repair interventions.

Article 16
Procedures in case access to infrastructures suitable for the accommodation of electronic communications networks is refused

1 – Where, in a specific situation, a body referred in article 2 refuses access to an infrastructure, any of the involved parties may apply to ICP - ANACOM for a binding decision on the matter.

2 – The application referred to in the preceding paragraph shall identify infrastructures to be verified, their route and main areas affected, as well as other elements deemed to be relevant for the assessment of the possibility of using infrastructures under consideration to accommodate electronic communications networks.

3 – It is incumbent upon ICP - ANACOM to decide on the possibility of accommodating electronic communications networks in infrastructures under consideration, hearing for this purpose the holder of infrastructures and respective sector regulatory body, where appropriate, as well as the applicant, where the application is made by third parties.

4 – For the purpose of the preceding paragraph, the sector regulatory body shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

5 – Where the decision of ICP - ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

6 – To the procedure provided for in the preceding paragraphs shall apply, duly adapted, the dispute settlement regime provided for in article 10 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February.

7 – Bodies referred to in article 2 may also request the intervention of ICP - ANACOM before access is refused, where they have doubts about whether any of the grounds for refusal provided for in article 15 are applicable.

Article 17
General obligations of holders of infrastructures suitable for the accommodation of electronic communications networks

Bodies referred to in article 2 who hold or manage infrastructures suitable for the accommodation of electronic communications networks are subject to the following obligations, pursuant to hereto:

a) To provide ICP - ANACOM with information on infrastructures suitable for the accommodation of electronic communications networks which they hold or manage;

b) To draw up a record with geo-referenced information on infrastructures suitable for the accommodation of electronic communications networks, pursuant to Chapter IV;

c) To daw up and to publicize the procedures and conditions for access to and use of the mentioned infrastructures, pursuant to articles 18, 19 and 21;

d) To respond to applications for access to the mentioned infrastructures, pursuant to article 20;

e) To respond to enquiries on the respective infrastructures, pursuant to paragraph 4 of article 24.

Article 18
Procedures and conditions for access to and use of infrastructures suitable for the accommodation of electronic communications networks

1 – Bodies subject to a duty of access must draw up and make available in the SIC rules concerning procedures and conditions for access to and use of infrastructures, which must include, among others, the following elements:

a) The body to whom applications for access and use must be addressed, for the purpose of setting up, maintaining and repairing electronic communications networks to be accommodated  in those infrastructures, as well as bodies or contact points to whom applicants should turn;

b) Elements which must be attached to the application;

c) The term of rights of access and use, procedures and conditions for renewal of such rights;

d) Applicable standard contractual conditions, forms and description of elements and data which should be contained in the file;

e) Applicable conditions of remuneration for access to and use of infrastructures;

f) Technical instructions for the use of infrastructures;

g) Penalties for non-compliance or misuse of infrastructures;

h) Other requirements to which the allocation of the right of use is subject.

2 – Procedures and conditions for access and use, which shall be established by concessionary bodies provided for in article 2 b), require the prior approval of the conceding body, which must be settled within 20 days at the most from the reception thereof.

3 – Where the deadline referred to in the preceding paragraph expires before a decision has been taken, the respective procedures and conditions are deemed to be approved.

Article 19
Remuneration for access to infrastructures suitable for the accommodation of electronic communications networks

1 – The remuneration for the access to and use of infrastructures held by bodies referred to in article 2 must be cost-orientated, taking into account costs with the construction, maintenance, repair and improvement of infrastructures under consideration.

2 – The preceding paragraph does not apply to the remuneration for the access to and use of public ITUR, which is governed by article 34.

3 – At the request of electronic communications companies, or of any of the bodies referred to in article 2, ICP - ANACOM shall assess and decide, in a particular case, whether the amount requested is appropriate in the light of the preceding paragraph, pursuant to article 10 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February.

4 – For the purposes of the preceding paragraph, the body managing the infrastructure shall demonstrate to ICP - ANACOM that the requested amount is appropriate, as well provide all other elements requested by the Authority to examine the matter.

5 – In the situations referred to in paragraph 3, where the access to infrastructures held by an body subject to regulation is at stake, ICP - ANACOM shall consult the respective sector regulatory body, which shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

6 - Where the decision of ICP - ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

Article 20
Applications for access to infrastructures suitable for the accommodation of electronic communications networks

1 – Electronic communications companies that wish to set up their respective networks in infrastructures suitable for the accommodation of electronic communications networks, held or managed by bodies referred to in article 2, must apply for access to the body responsible for the administration thereof.

2 – Any access application for the use of infrastructures referred to in the preceding paragraph shall be assessed and responded to within at the most 20 days from the effective reception by the body responsible for the administration and management of infrastructures, the failure to provide an opinion within this time limit being deemed as an assent.

3 – Where the access application is granted, the electronic communications companies must conclude the set up of systems and equipment within four months, otherwise the respective right of access expires.

Article 21
Technical instructions for the set up of infrastructures suitable for the accommodation of electronic communications networks

1 – Bodies referred to in article 2 may draw up and publicize technical instructions for the set up of equipment and systems of electronic communications networks in infrastructures they hold or manage.

2 – The drafting of technical instructions must take into consideration the specificities of infrastructures they are aimed at, and promote the most appropriate technical and safety solutions to set up, repair, maintain, dismantle and interconnect equipment and systems of electronic communications networks.

3 – ICP - ANACOM is entitled to issue guidelines applicable to the definition of technical instructions provided for in the preceding paragraph as deemed appropriate. 

Article 22
Use of infrastructures suitable for the accommodation of electronic communications networks

1 – Electronic communications companies must use infrastructures engaged in the accommodation of systems, equipment and other resources of electronic communications networks in an effective and efficient manner.

2 – Without prejudice to established contractual conditions, electronic communications companies may replace systems, equipment and other resources accommodated in infrastructures mentioned in the preceding paragraph, by others that are technologically more advanced and more efficient, insofar as this replacement does not entail an increase of the occupied capacity.

3 – Electronic communications companies must remove cables, equipment and any other resources belonging to their networks which are not actually in use and which are not expected to be used in the course of the following year, bearing the respective costs, where infrastructures under consideration are necessary to fulfil the needs of the body that holds or manages the referred infrastructures or to accommodate network elements of other electronic communications companies having shown interest in the matter.

4 – Where electronic communications companies fail to remove network elements as provided for in the preceding paragraph, the body managing the infrastructures, or with its agreement, the interested electronic communications company, may remove the referred elements, within 30 days from the date on which the removal was requested, bearing the costs of this intervention, without prejudice to the liability of the company responsible for such removal.

5- Without prejudice to the right of appeal to the courts, ICP-ANACOM, through a binding decision, is entitled to settle conflicts arising from the application of rules provided for herein, which are submitted to it by electronic communications companies or by holders of infrastructures.

6 – To the settlement of conflicts referred to in the preceding paragraph shall apply the dispute settlement procedure provided for in article 10 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, duly adapted.

7 - Where the access to infrastructures held by an body subject to regulation is at stake, the decision referred to in paragraph 5 shall be preceded by an opinion of the respective sector regulatory body, which shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

8 - Where the decision of ICP - ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

Article 23
Co-location and resource sharing by electronic communications companies

1 – Electronic communications companies must promote the conclusion of agreements on co-location and sharing of resources already set up or to be set up, pursuant to article 25 of the Electronic Communications Law, approved by Law no. 5/2004 of 10 February.

2 – Agreements between electronic communications companies on the sharing of ducts, masts, manholes, locations and resources, already set up or to be set up, shall be communicated to ICP - ANACOM within 10 days from being concluded.

3 – Where, as a consequence of the state of occupation of infrastructures already set up, the latter are not able to accommodate other network equipment or resources, and for reasons related to environment protection, public health or safety, cultural heritage, territorial planning and preservation of the urban landscape or countryside, the set up of new infrastructures is not a viable alternative, ICP - ANACOM is entitled to determine the sharing of resources, where this is technically feasible and does not harm the operation of existing resources, pursuant to paragraph 2 of article 25 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February.

4 – ICP - ANACOM decisions referred to in the preceding paragraph may be addressed to any of the bodies referred to in article 2, as well as electronic communications companies already set up in those infrastructures.

5 – Determinations issued under paragraph 3 may include rules on sharing of costs.

6 – Where infrastructures are shared, ICP - ANACOM may adopt measures that constrain the functioning of resources to be set up, namely a limitation of maximum transmission power levels.

CHAPTER IV
Centralized information system (SIC)

 
Article 24
Duty to draw up and to maintain a record

1 – Bodies referred to in article 2 who hold infrastructures suitable for the accommodation of electronic communications networks, electronic communications companies, as well as holders of infrastructures suitable for the accommodation of electronic communications networks that are used by the latter, shall draw up, keep and permanently update a record with descriptive and geo-referenced information of infrastructures suitable for the accommodation of electronic communications networks, namely ducts, inspection chambers, manholes and associated infrastructures.

2 – Records referred to in the preceding paragraph shall include, in accordance with the procedures to be laid down by ICP-ANACOM, the following minimum elements:

a) Location, geo-reference, layout and main resources allocated;

b) Most relevant technical characteristics, including size, type of infrastructures and of use.

3 – Bodies referred in paragraph 1 shall draw up and make available in the SIC the information referred to in the preceding paragraph in accordance with the procedures and in the format to be laid down by ICP-ANACOM.

4 - Bodies referred to in article 2 must:

a) Respond in a swift and non-discriminatory manner, within 10 days at the most, to enquiries made by interested electronic communications companies, indicating contact particulars for the purpose;

b) Supply interested electronic communications companies with clarifying information, namely accurate indications on location and available capacity in existing infrastructures, where requested, within 10 days at the most.

5 – In case of doubts on the ability of infrastructures to accommodate electronic communications networks, it is incumbent upon ICP - ANACOM, at the request of bodies referred to in paragraph 1, to decide on its inclusion in the record, taking into account reasons submitted by such bodies and the utility of infrastructures under consideration within the context of the development of electronic communications access networks, namely the connection of end users to core networks.

6 – The existence of non-recorded infrastructures shall be without prejudice to the right of access thereto under the law.

7 - Where the access to infrastructures held by a body subject to regulation is at stake, the decision referred to in paragraph 5 shall be preceded by an opinion of the respective sector regulatory body, which shall assess the matter within a non extendible period of 15 days at the most, the failure to provide an opinion within this time limit being deemed as an assent.

8 - Where the decision of ICP - ANACOM is contrary, in whole or in part, to the opinion delivered under the preceding paragraph by the sector regulatory body, the former must duly substantiate its decision, presenting specific reasons for rejecting the conclusions reached in that opinion.

Article 25
Information available in the SIC

1 – It is incumbent upon ICP - ANACOM to design, manage, and maintain the SIC, and to make it accessible and available, ensuring the provision of the following information:

a) Procedures and conditions on which depends the allocation of rights of way provided for in article 6;

b) Advertisements on the construction of infrastructures suitable for the accommodation of electronic communications networks, in accordance with paragraph 6 of article 7 and with article 9;

c) Record, with geo-referenced, comprehensive and integrated information of all infrastructures suitable for the accommodation of electronic communications networks held by bodies referred to in paragraph 1 of article 24, including public ITUR referred to in article 31;

d) Procedures and conditions that apply to the access to and use of each infrastructure referred to in the preceding point.

2 – Bodies referred to in paragraph 1 of article 24 shall permanently update the information provided for in the preceding paragraphs and shall provide ICP - ANACOM, where requested, with all clarifications and elements necessary for its inclusion in the SIC.

3 – Information provided in the SIC is binding on bodies that drew it up and made it available.

4 – It is incumbent upon ICP-ANACOM, after launching the consultation procedure pursuant to article 8 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, to define the format under which the SIC elements are made available.

5 – The SIC must provide for the interconnection with systems of provision of information on infrastructures to which electronic communications companies are bound under the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, and under measures taken by ICP - ANACOM pursuant thereto, in order to avoid duplication of procedures on conveyance of information on infrastructures that apply to companies.

Article 26
Access to the SIC

1 – The SIC is based on a principle of sharing and reciprocity of information, and it may be accessed by all bodies that comply with obligations necessary to the inclusion of information therein, in accordance herewith.

2 – The information in the SIC is provided through a private electronic network, which may be remotely accessed by electronic communications companies as well as by sector regulatory bodies that, complying with conditions provided for in the preceding paragraph, where appropriate, obtain access credentials from ICP - ANACOM, without prejudice to Law no. 46/2007, of 24 August.

3 – It is incumbent on the Gabinete Nacional de Segurança (National Security Office) to provide an opinion, based on grounds presented by bodies managing infrastructures included in the SIC, on which information should be deemed as confidential or reserved, ICP - ANACOM being then responsible for deciding which classification is to be given to the referred information, having heard the body managing infrastructures and the Comissão de Acesso aos Documentos Administrativos (CADA) – Commission of Access to Administrative Documents.

4 - The direct or indirect remuneration for the reuse of documents or information provided by the SIC is forbidden.

CHAPTER V
Infrastructures for telecommunications in housing developments, urban settlements and concentrations of buildings (ITUR)
 
SECTION I
General provisions on ITUR

 
Article 27
Subject-matter of Chapter V

This chapter lays down the ITUR set up regime and respective connections to public electronic communications networks, as well as the conformity assessment regime of equipment, materials and infrastructures.

Article 28
Composition of ITUR

ITUR consist of:

a) Spaces for the set up of piping, cables, inspection chambers and manholes, cabinets for building distribution frames and for the set up of equipment and other devices;

b) Piping network or piping for the set up of cables, equipment and other devices, namely including telecommunications cabinets, inspection chambers and manholes;

c) Cabling, namely copper pair, coaxial cable and fibre optic cabling, for connection to public communications networks;

d) Type A cabling systems;

e) Electrical installations supporting equipment and ground systems;

f) Cabling systems for the exclusive use of housing developments, urban settlements and concentrations of buildings, namely domotics, door videophones, and security systems.

Article 29
Mandatory infrastructures in housing developments, urban settlements and concentrations of buildings

1 – According to provisions in this chapter and in the ITUR manual, the following infrastructures must be set up in housing developments and urban settlements:

a) Space for the set up of piping, cables, equipment and other devices, namely including telecommunications cabinets, inspection chambers and manholes;

b) Piping network or piping for the set up of cables, equipment and other devices.

2 – As regards concentrations of buildings, in addition to the infrastructures referred to in the preceding paragraph, copper pair, coaxial cable and fibre optic cabling for connection to public electronic communications networks, as well as electrical installations supporting equipment and ground systems, must also be set up.

3 – The design, set up and use of telecommunications infrastructures must ensure the secrecy of communications and the security and non-interference of cabling infrastructures.

4 – Compliance with obligations provided for herein is incumbent on the urban operation developer.

Article 30
General principles on ITUR

1 – The use of ITUR already set up is mandatory where such ITUR are able to support services to be provided and technologies to be made available.

2 – The occupation of spaces and piping must be sized by the designer to meet communication needs and according to the expected number of users of the housing development, urban settlement or concentration of buildings, with a view also to enable the use thereof by more than one operator.

3 – Spaces and piping shall not be occupied by means deemed to be unjustified, taking into account services to be provided and technologies to be made available.

4 - Compliance with the preceding paragraph is incumbent on the urban operation developer, the installer, the electronic communications company or, where appropriate, the management body or owner of the concentration of buildings.

SECTION II
ITUR ownership, management and access

 
Article 31
Ownership, management and preservation of public ITUR

1 – The ITUR referred to in paragraph 1 of article 29 integrate the municipal domain, their management and preservation being incumbent on the respective municipal councils, according to rules set out herein.

2 – For the purpose of the preceding paragraph, the owner and other holders of rights in rem in the building subject to the urban operation must transfer the ITUR installed therein, free of charge, to the municipal council, pursuant to article 44 of the urban building and development legal regime, approved by Decree-Law no. 555/99 of 16 December.

3 - For the purpose of the preceding paragraph, the applicant must indicate ITUR in the layout attached to the licensing application or prior communication.

4 – The ITUR transferred to the municipal council integrate the municipal domain by means of an autonomous document drafted by the private notary of the municipal council within the time limit provided for in paragraph 1 of article 36 of the urban building and development legal regime, approved by Decree-Law no. 555/99 of 16 December.

5 – Municipal councils are entitled to delegate on an autonomous body, selected according to the Public Contracts Code, approved pursuant to Decree-Law no. 18/2008, of 29 January, the powers to manage and preserve the ITUR transferred thereto according to the preceding paragraphs.

6 – ICP - ANACOM is entitled to issue general guidelines on selection procedures referred to in the preceding paragraph.

7 - Procedures to be defined by municipal councils as regards access to ITUR by electronic communications companies must be transparent, swift, non-discriminatory and properly publicized, and conditions for the exercise of the rights of access must comply with the principles of transparency and non-discrimination, pursuant to Chapter III.

8 – Procedures referred to in the preceding paragraph must be applied by bodies on which municipal councils delegate the powers to manage and preserve the ITUR pursuant to paragraph 5.

9 – The preservation of cabling set up by electronic communications companies is their own responsibility, and for this purpose they shall be granted access by municipal councils or appointed bodies.

Article 32
Ownership, management, preservation and alteration of private ITUR

1 – The ITUR that integrate concentrations of buildings are co-owned by all owners, who are responsible for the respective management and preservation, unless where appropriate, this responsibility falls on the respective management body, according to the legal regime of horizontal property and to this Decree-Law.

2 – Management bodies or owners of concentrations of buildings, according to whether a horizontal property is at stake or not, must ensure that the ITUR are kept in good conditions of preservation, security and operation, bearing the costs of repairs, without prejudice to paragraph 1 of the following article.

3 - Owners or management bodies of concentrations of buildings are entitled to oppose the set up of telecommunications infrastructures for individual use by any owner, co-owner, tenant or legal occupant in the following situations:

a) Where, after an owner, co-owner, tenant or legal occupant has communicated this intention, a telecommunications infrastructures for collective use ensuring the same services and technology is set up within 60 days;

b) Where the building is already provided with a telecommunications infrastructures for collective use ensuring the same services and technology.

4 – Where owners or management bodies of concentrations of buildings decide not to set up the telecommunications infrastructure referred to in point a) of the preceding paragraph, or after the expiry of the time limit provided for therein, the referred telecommunications infrastructure is still not available, and in case the burden of costs resulting from alterations carried out on the existing infrastructures does not fall on them, owners or management bodies of concentrations of buildings may only oppose the intended alteration where owners or co-owners representing at least two thirds of the invested capital take an opposition decision.

Article 33
Open access to ITUR

1 – Developers, municipal councils and bodies appointed by them pursuant to article 31, as well as owners and management bodies of concentrations of buildings are required to ensure that electronic communications companies are provided with an open, non-discriminatory and transparent access to ITUR, for the purpose of their set up, preservation, repair and alteration, pursuant hereto, without prejudice to the entitlement to compensation for any damages suffered.

2 – The access to and use of private ITUR, by electronic communications companies, may not be made subject by owners and management bodies of concentrations of buildings to the payment of any type of compensation, financial or other.

3 – Contractual clauses that provide for an exclusive access to ITUR  already set up are forbidden and deemed to be null and void, and contracts concluded before the entry into force hereof which include clauses on exclusive access to ITUR shall be  reduced or terminated.

4 – Where the body managing public ITUR is also an electronic communications provider, it may provide services to customers covered by the ITUR it manages after publishing conditions provided for herein and in paragraphs 7 and 8 of article 31.

Article 34
Remuneration for access to public ITUR

The set up of cabling and occupation of public ITUR is subject to the fee provided for in article 106 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, and paragraphs 4 and 5 of article 13 hereof shall apply accordingly.

SECTION III
ITUR technical design

 
Article 35
Mandatory ITUR technical design

The set up of ITUR shall comply with a technical design prepared by a designer, pursuant to this chapter and to the ITUR manual.

Article 36
Guarantee of the ITUR design

1 – Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.

2 – The instrument mentioned herein has the nature of a guarantee, the prior assessment of designs by municipal services not being required.

3 – It is incumbent upon ICP - ANACOM to approve the model of the guarantee instrument referred to herein.

Article 37
Qualification of the ITUR designer

1 – The following persons or bodies qualify as ITUR designers:

a) Electro-technical engineers or technical engineers specialized in electrical engineering that are registered in  public professional associations which deem them to be qualified for the purpose;

b) Legal bodies with which collaborates at least one electro-technical engineer or technical engineer specialized in electrical engineering that are registered in public professional associations which deem them to be qualified for the purpose.

2 – The public professional associations referred to in point a) of the preceding paragraph shall provide ICP-ANACOM, on terms to be agreed, with data on technicians deemed to be qualified to perform ITUR designs.

3 – It is incumbent upon public professional associations to ensure that registered technicians deemed to be qualified as ITUR technicians, for the purposes hereof, update their knowledge.

Article 38
Obligations that fall on ITUR designers

It is incumbent on ITUR designers to:

a) Make designs in compliance with the following article and with applicable technical standards;

b) Provide the guarantee instrument to the developer in compliance with article 36;

c) Ensure the monitoring of the development, itself or through an authorised representative, indicating in the respective work log book the progress of works and their quality of execution, as well as a compulsory final  confirmation, in the respective book, that the set up is consistent with the design.

Article 39
Elements of the ITUR technical design

1 – The ITUR technical design must include the following elements:

a) Information on the ITUR designer who guarantees the design, pursuant to article 36, namely indicating the number of registration in a public professional association;

b) Identification of the concerned housing development, urban settlement or concentration of buildings, namely its purpose;

c) A description in particular of:

i. General description of the adopted solution in order to meet legal and regulatory provisions in force;
ii. Indication of characteristics of materials, elements of the construction, systems, equipments and networks related to technical installations;
iii. Assumptions considered, namely, characteristics of technical interfaces for access to public electronic communications networks;
iv. Technical characteristics with which equipment, materials and components to be used in the infrastructures must comply;

d) Measurements and  maps of amount of tasks, indicating the nature and amount of tasks that are necessary to execute the works;

e) Budget based on the type and amount of tasks referred in the measurements;

f) Other elements structuring the project, namely technical charts, topographic layouts, piping and cabling network arrangements, sizing charts, calculation of signal levels, arrangements related to infrastructure electrical installation and land, analysis of specificities of connections to telecommunications infrastructures and electronic communications companies.

2 – In the situations provided for in paragraph 1 b) of article 37, the design shall be signed by a qualified technician only.

SECTION IV
ITUR set up
 

Article 40
ITUR installer

1 – The set up and preservation of ITUR shall be incumbent on a qualified installer under the terms and conditions provided for in this chapter.

2 – The installer shall be chosen by the developer.

Article 41
Qualifications of an ITUR installer

1 – The following persons or bodies qualify as ITUR installers:

a) Natural persons with the qualifications set out in paragraph 1 a) of article 37 whose public professional association deems them to be qualified for the purpose;

b) Natural persons with the following qualifications:

i. Holders of a dual-certification qualification, obtained via the education and training modalities of the National Qualification System, that integrate short ITUR training course units complying with contents defined in the National Qualifications Catalogue;
ii. Technicians of the electricity and energy and electronics and automation training areas who passed short ITUR training course units integrated in the National Qualifications Catalogue;

c) Legal bodies with which collaborates at least one technician with the qualifications set out in paragraph 1 a) of article 37 hereof.

2 – As far as public ITUR are concerned, natural or legal persons whose qualification is acknowledged by the Instituto Nacional da Construção e do Imobiliário, I. P. (InCI, I. P.), (National Institute for Construction and Property Affairs), also qualify as installers, pursuant to the legal regime that applies to the pursue of the construction activity.

3 – It is incumbent upon public professional associations to ensure that registered technicians qualified as ITUR technicians, for the purposes hereof, update their knowledge.

Article 42
Registration of an ITUR installer

1 – Technicians and legal bodies referred to in points b) and c) of the preceding paragraph must be previously registered with ICP-ANACOM to operate as ITUR installers.

2 – Natural and legal persons referred to in the preceding paragraph that wish to be registered as installers must provide ICP - ANACOM with the following documents, in the format to be defined by this Authority:

a) Registration form of a model to be approved by ICP - ANACOM;

b) Document attesting required qualifications.

3 – Registrations are valid for a three-year period, at the end of which any interest in the renewal thereof must be conveyed to ICP-ANACOM 30 days in advance, otherwise registrations expire.

4 – The renewal of the registration may be made subject by ICP - ANACOM to the presentation of a document attesting that appropriate training courses were taken.

Article 43
Obligations of an ITUR installer

1 – It is incumbent on ITUR installers:

a) To keep up-to-date the information on registration with ICP-ANACOM;

b) To use in set up operations only the equipment and materials that comply with applicable technical and legal requirements;

c) To set up telecommunications infrastructures according to the design and applicable technical standards;

d) To issue a guarantee instrument concerning the set up execution, providing it to the developer, the owner or, in case of a concentrations of buildings, the respective management body.

2 – In the situations provided for in paragraph 1 c) of article 41, infrastructures shall only be set up by a qualified technician.

3 – It is incumbent on ICP - ANACOM to approve the model of the guarantee instrument referred to in paragraph 1 d).

SECTION V
Training providers of ITUR installers

 
Article 44
Qualifying training for ITUR installers

1 – For the purposes of registration as installer with ICP - ANACOM and renewal thereof, under article 41, training providers of the National Qualification System, identified in paragraph 1 of article 16 of Decree-Law no. 396/2007, of 31 December, or other training providers appointed by ICP-ANACOM shall deliver the necessary qualifying training.

2 – Training courses delivered by bodies referred to in the preceding paragraph shall observe programmes and duration of short ITUR training units provided for in the National Qualifications Catalogue.

Article 45
Registration of training providers of ITUR installers

1 – Bodies that wish to be appointed as training providers of ITUR installers must apply for registration with ICP - ANACOM.

2 – For the purposes of the preceding paragraph, the application for registration must attach the following elements:

a) Document attesting accreditation by the Direcção-Geral do Emprego e das Relações de Trabalho (DGERT) - Directorate-General for Employment and Labour Relations;

b) Statement attesting that the body is not liable to pay taxes or contributions to the State or to the Social Security, as well as any other amounts, or that such payments are ensured via compliance with agreements concluded for the purpose under the law.

3 – The criteria to determine whether material technical requirements and technical qualifications of personnel have been fulfilled shall be defined by ICP - ANACOM, in articulation with the Agência Nacional para a Qualificação, I. P. (National Qualification Agency), which coordinates the dual certification educational and training offers and the National Qualifications Catalogue, as well as with the DGERT, which is responsible for the system of accreditation of training providers.

Article 46
Regime of registration of training providers of ITUR installers

1 – It is incumbent on ICP-ANACOM, within 90 days from reception of the application attaching the elements referred to in the preceding paragraph, to perform the respective registration of training providers of ITUR installers.

2 – ICP - ANACOM is entitled to include in the registration the necessary conditions to ensure compliance with applicable legal and regulatory provisions.

3 – Registered bodies must start operations within at the most six months from the date of registration.

4 – The registration is valid for a three-year period, at the end of which ICP - ANACOM must reassess the respective conditions.

Article 47
Withdrawal of registration

ICP - ANACOM shall withdraw the registration in the following situations:

a) Where any of the requirements for registration under article 45 ceases to be fulfilled;

b) Where the body fails to start operations within the time-limit set out in paragraph 3 of article preceding paragraph or stops operating for more than 12 months;

c) Where the Authority acknowledges the violation of any of the obligations provided for in points a), b) and c) of article 49.

Article 48
Alterations to the registration of training providers of ITUR installers

1 – Training providers of ITUR installers must notify ICP - ANACOM of any alterations to the elements required for registration within 30 days from the date on which such alterations occurred.

2 – Without prejudice to the preceding paragraph, the attesting statement mentioned in paragraph 2 b) of article 45 must be sent every year.

3 – It is incumbent upon ICP - ANACOM to assess any alterations and to decide the effects thereof on registrations.

Article 49
Obligations of training provider of ITUR installers

Training providers of ITUR installers must:

a) Deliver qualifying training courses on ITUR, as well as refreshing courses, with programmes and duration defined pursuant to paragraph 2 of article 44;

b) Use only equipment and installations that correspond to requirements defined by ICP-ANACOM;

c) Ensure that training providers of qualifying and refreshing courses are duly qualified;

d) Ensure  the regular calibration of equipment, according to instructions of the respective manufacturers, documented in a calibration plan;

e) Supply to ICP - ANACOM, where requested, information on success achieved by trainees, per delivered course, within 15 days from the completion of the course.

SECTION VI
Alteration of telecommunications infrastructures in private ITUR

 
Article 50
Conditions for alteration of telecommunications infrastructures in private ITUR

1 – The alteration of private ITUR, namely for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and implemented by an installer, both of which must be duly qualified for the purpose, according to the ITUR manual.

2 – In the situations referred to in the preceding paragraph, the designer and installer must issue a guarantee instrument and provide it to the developer or management body of the concentrations of buildings, owners, tenants, co-owners or legal users applying for the set up, and to ICP - ANACOM, within 10 days from the respective conclusion.

SECTION VII
Assessment of conformity of ITUR equipment and infrastructures

 
Article 51
Requirements for conformity of ITUR equipment and infrastructures

1 – The following protection requirements apply to all equipment, devices and materials used in ITUR:

a) Those related to the health and safety of the user or of any other person, including those contained in Decree-Law no. 6/2008, of 10 January, as far as safety requirements are concerned, and other applicable rules;

b) Those contained in Decree-Law no. 325/2007, of 28 September, as regards electromagnetic compatibility, and other applicable rules;

2 – The set up of ITUR must meet:

a) Parameters defined as such in technical specifications of interfaces of access to public electronic communications networks;

b) Set up guides of manufacturers of materials, devices and equipment;

c) Technical standards on low-voltage electrical installations, approved by Administrative Rule no. 949-A/2006, of 11 September.

Article 52
Responsibility for conformity of ITUR equipment

1 - The demonstration of conformity of ITUR equipment, devices and materials with the applicable requirements is incumbent upon the respective manufacturers or their EU based representatives.

2 – Where manufacturers or their representatives are not based in the European Union, the responsibility referred to in the preceding paragraph falls on the person who directly imports equipment.

3 – Manufacturers, their representatives or the person responsible for placing equipment, devices and materials on the market must keep all information thereon at the disposal of ICP - ANACOM for more than 10 years from the date on which the last unit under consideration is placed on the market.

Article 53
Procedure for assessment of conformity of ITUR equipment and infrastructures

The assessment of conformity of ITUR equipment, devices and materials with the applicable requirements contained in paragraph 1 of article 51 may be demonstrated by means of procedures provided for in rules on electromagnetic compatibility and protection of health and safety in electric equipment.

Article 54
Monitoring of ITUR equipment and infrastructures

In is incumbent on ICP - ANACOM to regularly take appropriate samples, at random and anywhere in the circuit, of equipment, devices and materials placed on the market, in order to assess their conformity with applicable requirements and with information contained in the respective conformity certificates and statements.

Article 55
Requirements of ITUR materials

ITUR materials shall comply with technical specifications laid down in the ITUR manual.

SECTION VIII
Fees due for ITUR

 
Article 56
Fees due to ICP - ANACOM for ITUR

1 – Fees are due for the following acts:

a) Prior registration with ICP - ANACOM of installers referred to in article 42, as well as the respective renewal;

b) Registration of training providers and respective renewal.

2 – Amounts of fees referred in the preceding paragraph shall be set out in an Administrative Rule of the member of the Government responsible for the communications area, and shall be deemed as revenue for ICP-ANACOM.

3 - Amounts of fees referred in paragraph 1 shall be determined according to administrative costs arising from the acts of prior registration, registration or respective renewals.

CHAPTER VI
Infrastructures for telecommunications in buildings (ITED)
 
SECTION I
General provisions on ITED

 
Article 57
Subject-matter of Chapter VI

This chapter lays down the ITED set up regime and respective connections to public electronic communications networks, as well as the conformity assessment regime of equipment, materials and infrastructures.

Article 58
Composition of ITED

ITED consist of:

a) Spaces for the set up of piping;

b) Piping network necessary for the set up of equipment, cables and other devices;

c) Cabling systems in copper pair, coaxial cable, for the distribution of Type A (terrestrial) or Type B (satellite) radio or television signals, including in both cases the respective antennas, and fibre optic cabling, comprising the collective and individual cable network, for connection to public communications networks;

d) Type A cabling systems;

e) Electrical installations supporting equipment and ground systems;

f) Cabling systems for the exclusive use of the building, namely domotics, door videophones, and security systems.

Article 59
Mandatory infrastructures in buildings

1 – The following infrastructures must be set up in buildings:

a) Spaces for the set up of piping;

b) Piping network necessary for the set up of equipment, cables and other devices;

c) Cabling systems in copper pair, coaxial cable, for the distribution of Type A radio or television signals, and fibre optic cabling;

d) Electrical installations supporting equipment and ground systems;

2 – The requirement of setting up distribution systems of Type A terrestrial radio or television signals shall apply to buildings with two or more dwellings.

3 – The design, set up and use of telecommunications infrastructures must ensure the secrecy of communications and the security and non-interference of cabling infrastructures.

4 – Compliance with obligations provided for herein is incumbent on the developer.

Article 60
Exceptions to the principle of compulsory infrastructures

Provisions in this chapter shall not apply to buildings that, on account of their nature and specific purpose, show a remote possibility of requiring electronic communications infrastructures, insofar as this is duly justified and accompanied by a guarantee instrument from the designer.

Article 61
General principles on ITED

1 – The use of ITED already set up is mandatory where such ITED are able to support services to be provided and technologies to be made available.

2 – The set up and use of infrastructures for collective use takes precedence over the set up and use of infrastructures for individual use.

3 - The occupation of spaces and piping must be sized by the designer to meet communication needs and according to the expected number of users of the building.

4 – Spaces and piping shall not be occupied by means deemed to be unjustified, taking into account services to be provided and technologies to be made available.

5 - Compliance with the preceding paragraph is incumbent on the developer, the installer, the electronic communications company or, where appropriate, the management body of the building.

SECTION II
ITED ownership, management and access
 

 Article 62
Ownership, management and preservation of ITED

1 – ITED belong to the building owner.

2 – ITED that, pursuant to rules on horizontal property, integrate communal areas of buildings, are held in joint ownership by all co-owners, their management and preservation being incumbent on the respective management body of buildings.

3 – ITED that integrate each independent unit are exclusively owned by the respective dwelling owner.

Article 63
Open access to ITED

1 – Owners and management bodies of buildings are required to ensure an open, non-discriminatory and transparent access of electronic communications companies to ITED, for the purpose of their set up, preservation, repair and alteration, pursuant hereto, without prejudice to the entitlement to compensation for any damages suffered.

2 – The access to ITED that integrate communal areas of buildings may not be made subject by owners and management bodies of buildings to the payment of any type of compensation, financial or other.

3 – Contractual clauses that provide for an exclusive access to ITED  already set up are forbidden and deemed to be null and void, and contracts concluded before the entry into force hereof which include clauses on exclusive access to ITUR shall be  reduced or terminated.

4 – Electronic communications companies who are already in operation in a specific building shall not, either directly or indirectly, obstruct or even hamper the use of ITED by other electronic communications companies.

Article 64
Conditions for the alteration of telecommunications infrastructures set up in ITED

1 - Owners or management bodies of buildings are entitled to oppose the set up of telecommunications infrastructures for individual use by any co-owner, tenant or legal occupant in the following situations:

a) Where, after a co-owner, tenant or legal occupant has notified this intention, a telecommunications infrastructures for collective use ensuring the same services and technology is set up within 60 days;

b) Where the building is already provided with a telecommunications infrastructures for collective use ensuring the same services and technology.

2 – Where owners or management bodies of buildings decide not to set up the telecommunications infrastructure referred to in point a) of the preceding paragraph, or after the expiry of the time limit provided for therein, the referred telecommunications infrastructure is still not available, and in case the burden of costs resulting from alterations carried out on the existing infrastructures does not fall on them, owners or management bodies of buildings may only oppose the intended alteration where co-owners representing at least two thirds of the invested capital take an opposition decision.

3 – For the purpose of the regime laid down herein, the meeting of co-owners that assesses the proposal for infrastructure alteration must be convened, pursuant to the Civil Code, by the interested co-owner or the co-owner representing the tenant or legal occupant that intends to access the publicly available electronic communications services.

4 – Where the proposal for infrastructure alteration is notified to the management body of the building after the meeting of co-owners has been convened, it shall be added to the agenda and notified for this purpose to convened co-owners, at least five days ahead of the meeting.

5 – The telecommunications infrastructure for individual use shall be dismantled where, cumulatively:

a) A telecommunications infrastructures for collective use ensuring the same services and technology as the individual infrastructure is set up;

b) There is evidence that the set up of such infrastructure has caused damages to third parties.

SECTION III
ITED technical design

 
Article 65
Mandatory ITED technical design

1 - The set up of ITED defined in article 58 shall comply with a technical design prepared by a designer, pursuant hereto and to the ITED manual.

2 – The set up of telecommunications infrastructures promoted by services or bodies of the State’s direct and indirect administration, in pursue of assignments legally established, shall be governed by this Decree-Law.

3 – ICP - ANACOM is entitled to publish models of technical designs which specific types of set up must comply with.

Article 66
Guarantee of the ITED design

1 – Technical designs referred to in the preceding paragraph shall attach an instrument made by duly qualified designers stating that the general and specific conditions laid down in applicable legal and regulatory provisions have been met.

2 – The instrument mentioned herein has the nature of a guarantee, the prior assessment of designs by municipal services not being required.

3 – It is incumbent upon ICP - ANACOM to approve the model of the guarantee instrument referred to herein.

Article 67
Qualification of the ITED designer

1 – The following persons or bodies qualify as ITED designers:

a) Electro-technical engineers or technical engineers specialized in electrical engineering that are registered in  public professional associations which deem them to be qualified for the purpose;

b) Technicians of the electricity and energy and electronics and automation training areas, and technicians holding certificates of a technical-professional course, with modules on ITED, with the same duration in hours and contents as those provided for a qualified training, who are registered with ICP - ANACOM on the date this Decree-Law takes effect;

c) Legal persons with which collaborates at least one electro-technical engineer or technical engineer specialized in electrical engineering that are registered in public professional associations which deem them to be qualified for the purpose.

2 – The ITED designers referred to in point b) of the preceding paragraph are qualified to sign ITED designs in buildings with a global works budget estimate up to class 2 of construction licenses.

3 - Technical engineers specialized in electrical engineering are qualified to sign ITED designs in buildings with a global works budget estimate up to class 5, electro-technical engineers being qualified for all classes of construction licenses.

4 - Public professional associations referred to in point a) of the paragraph 1 hereof shall provide ICP-ANACOM, on terms to be agreed, with data on technicians deemed to be qualified to perform ITED designs.

5 – It is incumbent upon public professional associations to ensure that registered technicians deemed to be qualified as ITED technicians, for the purposes hereof, update their knowledge.

Article 68
Renewal of prior registration of ITED designers

1 – Technicians referred to in point b) of the preceding paragraph must renew their registration with ICP - ANACOM to operate as an ITED designer.

2 – Registrations are valid for 3-year periods, and may be renewed for similar periods of time, otherwise the registration expires.

3 – ICP - ANACOM shall make the renewal of the registration conditional upon the presentation of documents attesting the participation in short ITED training course units integrated in the National Qualifications Catalogue, the contents and duration of which shall be defined by ICP - ANACOM, in articulation with the National Qualification Agency, which is responsible for the management and update of the Catalogue.

Article 69
Obligations that fall on ITED designers

1 - It is incumbent on ITED designers to:

a) Make designs in compliance with article 70 and with applicable technical standards;

b) Make available the guarantee instrument provided for in article 66 to the developer;

c) To ensure that the development is monitored, themselves or through an authorised representative, indicating in the respective work log book the progress of works and their quality of execution, and to provide a compulsory final  confirmation, in the respective book, that the set up is consistent with the design.

2 – Legal persons registered as designers must also notify ICP - ANACOM of any alteration on the respective technical staff.

Article 70
Elements of the ITED technical design

1 – The ITED technical design must include the following elements:

a) Information on the ITED designer who guarantees the design, pursuant to article 66, namely indicating the number of registration in a public professional association;

b) Identification of the concerned building, namely its purpose;

c) A description in particular of:

i. General description of the adopted solution in order to meet legal and regulatory provisions in force;
ii. Indication of characteristics of materials, elements of the construction, systems, equipments and networks related to technical installations;
iii. Assumptions considered, namely, characteristics of technical interfaces for access to public electronic communications networks;
iv. Technical characteristics with which equipment, materials and components to be used in the infrastructures must comply;

d) Measurements and  maps of amount of tasks, indicating the nature and amount of tasks that are necessary for the execution of the works;

e) Budget based on the type and amount of tasks referred in the measurements;

f) Other elements structuring the project, namely technical charts, topographic layouts, piping and cabling network arrangements, sizing charts, calculation of signal levels, arrangements related to infrastructure electrical installation and land, analysis of specificities of connections to telecommunications infrastructures and electronic communications companies.

2 – In the situations provided for in paragraph 1 c) of article 67, the design shall be signed by a qualified technician only.

3 – ICP - ANACOM is entitled to publish models of technical designs which specific types of set up must comply with.

Article 71
ITED included in a licensing or prior communication procedure

Where the set up of telecommunications infrastructures referred to in article 58 is included in the scope of a prior control of the urban operation, namely in the licensing or prior communication procedure, the regime of specialities projects provided for in the urban building and development legal regime, approved by Decree-Law no. 555/99 of 16 December, shall apply.

Article 72
ITED not included in a licensing or prior communication procedure

Where the set up of telecommunications infrastructures referred to in article 58 is not included in the scope of a prior control of the urban operation, namely in the licensing or prior communication procedure, provided for the urban building and development legal regime, approved by Decree-Law no. 555/99 of 16 December, technical projects shall be held by and kept under the responsibility of the owner or management body of the building, who are required to present them for monitoring purposes.

SECTION IV
ITED set up

 
Article 73
ITED installer

1 – The set up, alteration and preservation of ITED shall be incumbent on a qualified installer on the terms and conditions provided for in this chapter.

2 – The installer shall be chosen by the developer.

Article 74
Qualifications of an ITED installer

1 – The following persons or bodies qualify as ITED installers:

a) Natural persons with the qualifications set out in paragraph 1 a) of article 67 whose public professional association deems them to be qualified for the purpose;

b) Natural persons with the qualifications set out in point b) of article 41, who request ICP - ANACOM to be registered as installers;

c) Legal persons with which collaborates at least one technician with the qualifications set out in paragraph 1 a) and b) of article 67 hereof.

2 – It is incumbent upon public professional associations to ensure that registered technicians qualified as ITED technicians for the purposes hereof update their knowledge.

Article 75
Registration of an ITED installer

Bodies who wish to be registered as installers must follow the procedure laid down in article 42, duly adapted.

Article 76
Obligations of an ITED installer

1 – It is incumbent on ITED installers:

a) To keep up-to-date the information on registration with ICP-ANACOM;

b) To use in set up operations only the equipment and materials that comply with applicable technical and legal requirements;

c) To set up telecommunications infrastructures according to the design and applicable technical standards;

d) To issue a guarantee instrument concerning the set up execution, providing it to the developer, to the owner or to the management body of the building.

2 – In the situations provided for in paragraph 1 c) of article 74, infrastructures shall only be set up by a qualified technician.

3 – It is incumbent on ICP - ANACOM to approve the model of the guarantee instrument referred to in paragraph 1 d).

SECTION V
ITED training providers

 
Article 77
Qualifying training for ITED designers and installers

1 – For the purposes of renewal of registration with ICP - ANACOM as designer and installer, under articles 67 and 74, training providers of the National Qualification System, pursuant to article 16 of Decree-Law no. 396/2007, of 31 December, or other training providers appointed by ICP-ANACOM, shall deliver the necessary qualifying training.

2 – Training courses provided by bodies referred to in the preceding paragraph shall observe programmes and duration of short ITED training units provided for in the National Qualifications Catalogue.

Article 78
Registration of ITED training providers

1 – The regime provided for in articles 45 to 48 shall apply to the registration as ITED training provider, as well as to the respective issue, revocation and alteration.

2 – For the purposes of point c) of article 47, it is incumbent on ICP - ANACOM to withdraw the registration where the Authority acknowledges the violation of any of the obligations provided for in points a), b) and c) of the following article.

Article 79
Obligations of ITED training providers

ITED training providers must:

a) Deliver qualifying training courses on ITUR, as well as refreshing courses, with programmes and duration defined pursuant to paragraph 2 of article 77;

b) Use only equipment and installations that correspond to requirements defined by ICP-ANACOM;

c) Ensure that training providers of qualifying and refreshing courses are duly qualified, pursuant to paragraph  4 of article 45;

d) Ensure  the regular calibration of equipment, according to instructions of the respective manufacturers, documented in a calibration plan;

e) Supply to ICP - ANACOM, where requested, information on success achieved by trainees, per delivered course, within 15 days from the date of the request.

Article 80
Costs of the ITED design and set up

Costs resulting from the design and set up of ITED shall be borne by the developer.

Article 81
Authorisation for use of the building

The ITED designer and installer shall participate in the inspection that precedes the authorisation for use of the building where they are convened to do so by the municipal council, pursuant to the urban building and development legal regime, approved by Decree-Law no. 555/99, of 16 December.

Article 81
Disclosure of information on ITED

It is incumbent on ICP - ANACOM to make available in its website information on:

a) Registered designers;

b) Registered installers;

c) Registered training bodies;

d) Certified set ups.

SECTION VI
ITED of constructed buildings
 

 Article 83
Alteration of infrastructures in buildings with an ITED certificate

1 – The alteration of infrastructures in buildings which are certified based on ITED specifications or RITA specifications, namely for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and implemented by an installer, both of which must be duly qualified for the purpose, according to the ITED manual.

2 – In the situations referred to in the preceding paragraph, the designer and installer must issue a guarantee instrument and provide it to the developer or management body of the condominium, to co-owners applying for the set up, and to ICP - ANACOM, within 10 days from the respective conclusion.

Article 84
Alteration of infrastructures in buildings without an ITED certificate

1 – The alteration of infrastructures in buildings with RITA specifications, or earlier, which are not provided with an ITED certificate, namely for the purpose of fibre optic deployment, must be preceded by a simplified technical project, prepared by a designer and implemented by an installer, both of which must be duly qualified for the purpose, according to the ITED manual.

2 – In the situations referred to in the preceding paragraph, the designer and installer must issue a guarantee instrument and provide it to the developer or management body of the concentration of buildings, to owners and co-owners applying for the set up and to ICP - ANACOM, within 10 days from the respective conclusion.

SECTION VII
Assessment of conformity of ITED equipment 
 

Article 85
Regime that applies to the assessment of conformity of ITED equipment

The assessment of conformity of equipment, devices and materials used in telecommunications infrastructures in buildings is governed by the regime set out in articles 51 to 55.

SECTION VIII
Fees due for ITED

 
Article 86
Fees due to ICP - ANACOM for ITED

1 – Fees are due for the following acts:

a) Prior registration with ICP - ANACOM of installers referred to in article 75, as well as the respective renewal;

b) Registration of training providers and respective renewal.

2 – Amounts of fees referred in the preceding paragraph shall be set out in an Administrative Rule of the member of the Government responsible for the communications area, and shall be deemed as revenue for ICP-ANACOM.

3 - Amounts of fees referred in paragraph 1 shall be determined according to administrative costs arising from the acts of prior registration, registration or respective renewals.

CHAPTER VII
Enforcement and penalty system
  

Article 87
Provision of information

1 – Bodies covered by this Decree-Law shall provide to ICP - ANACOM all information related to their activity as far as obligations provided for herein are concerned.

2 – For the purposes of the preceding paragraph, bodies shall identify and substantiate the information deemed to be confidential, and, where justified, they shall attach a non-confidential copy of documents that include such information.

3 – Enquiries made by ICP - ANACOM shall comply with the principles of adequacy and proportionality with the purpose and must be duly substantiated.

4 – Enquiries must be responded to within the deadline, in the form and degree of detail specified by ICP-ANACOM, and conditions for sending such information and its periodicity may also be established.

Article 88
Enforcement of this Decree-Law

1 – It is incumbent upon ICP - ANACOM to enforce provisions hereof, through its monitoring staff or agents duly accredited by the Board of Directors, without prejudice to powers assigned to other bodies.

2 – Costs arising from monitoring actions carried out to verify compliance with obligations provided for in Chapters V and VI hereof, namely inspections, assessment of designs, issue of opinions and tests of materials, shall be borne by infringers of applicable legal or technical standards.

Article 89
Breaches and fines

1 - Without prejudice to other applicable penalties, in the scope of the 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 to the SIC, the following are deemed to be breaches:

a) Infringement of provisions on  procedures for the allocation of rights of way in public domain laid down in paragraphs 1, 2 and 3 of article 6;

b) Failure to comply with the obligation to provide in the SIC the information provided for in paragraph 6 of article 7;

c) Non-compliance with the obligation established in paragraphs 1 and 3 of article 9;

d) Failure to comply with the obligation to publish and maintain up-to-date the technical instructions provided for in paragraph 1 of article 11;

e) Failure to meet access obligations laid down in article 13;

f) Infringement of decisions issued by ICP - ANACOM pursuant to article 16;

g) Failure to comply with obligations of holders of infrastructures suitable for the accommodation of electronic communications networks, established in article 17;

h) Non-compliance with decisions issued by ICP - ANACOM pursuant to paragraph 3 of article 19, as well as with the obligation provided for in paragraph 5 of article 19;

i) Non-compliance with the obligation to publish and maintain up-to-date the technical instructions provided for in paragraph 1 of article 21;

j) Violation of the obligation to remove cables, equipment and any other network elements, provided for in paragraph 3 of article 22;

l) Non-compliance with decisions issued by ICP - ANACOM on disputes provided for in paragraph 5 of article 22;

m) Violation of the obligation to notify agreements on sharing of infrastructures, provided for in paragraph 2 of article 23 and in article 98;

n) Failure to observe determinations on sharing of infrastructures provided for in paragraphs 3 and 5 of article 23, as well as constraining measures provided for in paragraph 6 thereof;

o) Non-compliance with obligations established in paragraphs 1, 2 and 4 of article 24 as well as failure to comply with decisions of ICP - ANACOM issued pursuant to paragraph 5 of article 24;

p) Failure to comply with obligations provided for in paragraph 3 of article 24 and paragraph 2 of article 25;

q) Receiving remuneration for the reuse of documents or information provided by the SIC, in violation of paragraph 4 of article 26;

r) Non-compliance with information obligations provided for in article 96, under the terms and within the deadlines established.

2 - Without prejudice to other applicable penalties, in the scope of ITUR the following are deemed to be breaches:

a) Failure to set up mandatory infrastructures provided for in paragraph 1 a) and b) of article 29;

b) Failure to set up mandatory infrastructures provided for in paragraph 2 of article 29;

c) Non-compliance, in the stage of design, set up or use of infrastructure, with the obligations of secrecy of communications, security and non-interference of cabling infrastructures, as provided for in paragraph 3 of article 29;

d) Infringement of the obligation to use the infrastructures set up in the situations provided for in paragraph 1 of article 30;

e) Occupation of spaces and piping contrary to paragraphs 2 and 3 of article 30;

f) The definition of procedures for access to ITUR and conditions for the exercise of the rights of access, contrary to paragraphs 7 and 8 of article 31;

g) Non-compliance with the obligation of access set out in paragraph 9 of article 31;

h) Opposition to the set up of telecommunications infrastructures for individual use in situations other than those provided for in paragraph 3 a) and b) and paragraph 4 of article 32;

i) Violation of obligations under the terms and conditions laid down in paragraphs 1 and 4 of article 33;

j) Requirement to pay a remuneration or any type of compensation, financial or other, made by owners and management bodies of concentrations of buildings, for access to and use of private ITUR, contrary to paragraph 2 of article 33;

l) The violation of the principle of cost-orientation of the remuneration provided for in paragraph 1 of article 34;

m) Non-compliance with the decision issued by ICP - ANACOM in the scope of the procedure provided for in paragraph 3 of article 34, as well as the failure to comply with the obligation to provide information laid down in the same paragraph;

n) Failure to observe the obligation to provide information to ICP - ANACOM pursuant to paragraph 2 of article 37;

o) Non-compliance with obligations provided for in paragraph 1 of article 38;

p) Failure to comply with the communication obligation laid down in paragraph 2 of article 38;

q) Signature of the design by a non-qualified technician, contrary to paragraph 2 of article 39;

r) Set up and preservation of ITUR infrastructures by a body which is not qualified for the purpose, contrary to paragraph 1 of article 40;

s) Non-compliance with obligations provided for in paragraph 1 of article 43;

t) Set up of ITUR infrastructures by a technician which is not qualified for the purpose, contrary to paragraph 2 of article 43;

u) Delivery of training courses contrary to paragraph 2 of article 44, by bodies who fail to be registered pursuant to paragraph 1 of article 45;

v) Failure to observe any of the communication obligations provided for in paragraphs 1 and 2 of article 48;

x) Failure to observe any of the obligations provided for in points a) to e) of article 49;

z) Placing on the market and set up of equipment, devices and materials, contrary to article 51;

aa) Failure to comply with the information provision obligation provided for in paragraph 3 of article 52;

bb) Alteration or construction of ITUR infrastructures contrary to paragraphs 1 to 4 of article 100.

3 - Without prejudice to other applicable penalties, in the scope of ITED the following are deemed to be breaches:

a) Failure to set up mandatory infrastructures provided for in paragraph 1 a) to d) of article 59;

b) Failure to set up mandatory infrastructures provided for in paragraph 2 of article 59;

c) Non-compliance, in the stage of design, set up or use of infrastructure, with the obligations of secrecy of communications, security and non-interference of cabling infrastructures, as provided for in paragraph 3 of article 59;

d) Infringement of the obligation to use the infrastructures set up in the situations provided for in paragraph 1 of article 61;

e) Occupation of spaces and piping contrary to paragraphs 3 and 4 of article 61;

f) Violation of the obligation of access under the terms and conditions laid down in paragraph 1 of article 63, as well as the violation by electronic communications companies of the provision in paragraph 4 of the same article;

g) Requirement to pay a remuneration or any type of compensation, financial or other, made by owners and management bodies of buildings, for access to ITED, contrary to paragraph 2 of article 63;

h) Opposition to the set up of telecommunications infrastructures for individual use in situations other than those provided for in paragraph 1 a) and b) and paragraph 2 of article 64;

i) Failure to observe the obligation to provide information to ICP - ANACOM pursuant to paragraph 4 of article 67;

j) Violation of obligations provided for in paragraph 1 of article 69;

l) Failure to comply with the communication obligation laid down in paragraph 2 of article 69;

m) Signature of the design by a non-qualified technician, contrary to paragraph 2 of article 70;

n) Set up, alteration and preservation of ITED infrastructures by a body which is not qualified for the purpose, contrary to paragraph 1 of article 73;

o) Non-compliance with obligations provided for in paragraph 1 of article 76;

p) Set up of infrastructures by a technician who is not qualified for the purpose, contrary to paragraph 2 of article 76;

q) Delivery of training courses contrary to paragraph 2 of article 77, by bodies who fail to be registered pursuant to paragraph 1 of article 45, in accordance with article 78;

r) Failure to observe obligations provided for in points a) to e) of article 79;

s) Alteration of infrastructures in buildings with an ITED certificate contrary to paragraphs 1 to 3 of article 83;

t) Alteration of infrastructures in buildings without an ITED certificate contrary to paragraphs 1 to 4 of article 84;

u) Failure to comply with the information provision obligation provided for in paragraph 3 of article 52, as well as placing on the market and set up of equipment, devices and materials, contrary to article 51, in accordance with article 85;

v) Failure to comply with obligations set out in article 104 on alteration of infrastructures in constructed buildings.

4 - Without prejudice to other applicable penalties, the following are also deemed to be breaches:

a) Non-compliance with information obligations provided for in article 87, in the terms and with the deadlines established by ICP - ANACOM;

b) Non-compliance with procedures for assessment of ITUR and ITED, approved by ICP - ANACOM under article 105;
c) Failure to comply with orders, instructions and decisions issued by ICP - ANACOM in the exercise of the competences provided for herein.

5 – Breaches provided for in paragraph 1 a), b), c), e), f), g), h), j), l), m), n), o), p), q) and r), paragraph 2 a), b), c), d), e), f), g), i), l), m), n) p), r), s), t), u), x) and bb), paragraph 3 a), b), c), d), e), f), i), j), m), n) o), p) q), r), s), t), u) and v) and paragraph 4 are liable to a fine between (euro) 500 and (euro) 3740 and between (euro) 5000 and (euro) 44 891,81, according to whether they are committed by natural or legal persons, respectively.

6 – Breaches provided for in paragraph 1 d) and e), paragraph 2 h), j), o), q) v) and aa), and paragraph 3 g), h) and l) are liable to a fine between (euro) 250 and (euro) 2000 and between (euro) 1000 and (euro) 44 891,81, according to whether they are committed by natural or legal persons, respectively.

7 – Without prejudice to the system for the non-contractual liability of public bodies, local authorities are subject to the breach regime provided for herein.

8 – Where breaches are a result of a failure to comply with a legal duty or an order issued by ICP - ANACOM, the application of penalties shall not exempt the infringer from performing the duty or order, where compliance therewith is still possible.

9 – Breaches provided for herein, in their attempted or negligent forms, are liable to half the maximum limits of fines referred to in this article.

10 – Provisions herein shall be without prejudice to the urban building and development legal regime, approved by Decree-Law no. 555/99, of 16 December.

Article 90
Additional penalties

In addition to fines set out in the preceding article, the following penalties may also be applied, where justified by the seriousness of the infraction and fault on the part of the agent:

a) Confiscation of illegal objects, equipment and devices, for the breach provided for in paragraph 2 z) of the preceding article;

b) Prohibition of carrying on the respective activity up to a maximum of two years, for breaches provided for in paragraph 2 e), n), p), q), t), u), v) and x) and paragraph 3 e), i) j), l), o), p), q), t) and u), both the preceding article;

c) Deprivation of the right to participate in public tenders or auctions launched in the scope of this Decree-Law and of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, up to a maximum of two years, for breaches provided for in paragraph 1 f), g), h), o) and r), and paragraph 2 f), i) and l), both the preceding article.

Article 91
Breach proceedings and application

1 – The application of fines and additional penalties provided for herein as well as closure of breach proceedings are incumbent on the Board of Directors of the ICP-ANACOM.

2 – Breach proceedings shall be initiated by the Board of Directors of ICP - ANACOM, and shall be examined by the respective services.

3 – Powers provided for in the preceding paragraphs may be delegated.

4 – ICP - ANACOM and municipal councils shall collaborate in the enforcement of obligations contained herein, in the scope of their respective assignments.

5 – As regards breaches in the field of operations the control of which is incumbent on local authorities, the latter may report to ICP - ANACOM the respective infringements.

6 – The amount of fines reverts to the State at 60% and to ICP - ANACOM at 40%.

7 – Where breach proceedings have been initiated following a report made by a local authority, pursuant to paragraph 5, the amount of fines reverts to the State at 60%, to ICP - ANACOM at 20% and to the local authority at 20%.

8 – Objects confiscated under point a) of article preceding article revert to ICP - ANACOM.

Article 92
Notifications of breach proceedings

Where, in breach proceedings, the whereabouts of the notifying party are unknown or the latter refuses to receive a notification sent under general terms, the notification shall be published as an advertisement in two consecutive numbers of one of the newspapers with highest print-run in the location where the notified person was last resident or throughout national territory.

Article 93
Official report

1 – Official reports prepared on the basis of enforcement herewith shall be relied on as regards facts witnessed by the respective authors, except where there is convincing evidence to the contrary.

2 – The preceding paragraph applies to evidence obtained through devices or instruments approved according to legal and regulatory provisions.

3 – The official report shall include the address of the person concerned, whose attention shall be drawn to the fact that the address supplied shall be used for notification purposes.

4 – Where the infringer is a legal person or a company, the identification, residence and working place of the respective managers, administrators or directors shall be indicated, where possible.

Article 94
Confiscation

1 – Seized objects that are not claimed within 60 days, following notification to interested parties ordering the delivery thereof, shall be confiscated.

2 – Objects confiscated under the preceding article or under point a) of article 90 shall revert to ICP - ANACOM, which shall dispose of said objects as appropriate.

CHAPTER VIII
Final and transitional provisions
 
SECTION I
Transitional provisions on Chapters II, III and IV

 
Article 95
Establishment of particulars to be attached to the prior communication

The Administrative Rule referred to in paragraph 7 of article 7 shall be issued within 30 days at the most from the date of publication hereof.

Article 96
Information obligations

1 – Bodies referred to in article 2 must:

a) Draw up, publicize and communicate to ICP - ANACOM, within 90 days from the date of publication hereof, the procedures and conditions for allocation of rights of way provided for in article 6;

b) Publicize and communicate to ICP - ANACOM, within 30 days from the date of publication hereof, the technical instructions provided for in paragraph 1 of article 10, that apply to the construction of or any other intervention on infrastructures.

2 - Within 30 days from the date of publication hereof, bodies referred to in article 2 hereof must:

a) Communicate to ICP-ANACOM:

i. Infrastructures suitable for the accommodation of electronic communications networks which they hold or manage, pursuant to article 17 a);
ii. Bodies and contact points who provide information on infrastructures suitable for the accommodation of electronic communications networks and to whom applications on access and use of such infrastructures may be submitted;

b) Publicize and communicate to ICP-ANACOM the procedures and conditions for access to and use of the mentioned infrastructures, pursuant to article 17 c);

c) Publicize and communicate to ICP-ANACOM the technical instructions provided for in paragraph 1 of article 21, that apply to the set up of equipment and systems of electronic communications networks in infrastructures held by them;

d) Communicate to ICP-ANACOM which electronic communications companies are already set up in infrastructures managed by them, on the date of publication hereof.

3 – Within at the most one year from the date of definition of elements provided for in article 99, bodies referred in article 2, electronic communications companies and holders of infrastructures suitable for the accommodation of electronic communications networks that are used by such networks, must make available in the SIC all information provided for in article 25.

4 – While the SIC is not in operation, advertisements on works provided for in paragraph 1 of article 9 shall be communicated to ICP-ANACOM, and this Authority must disclose them in its website in a simplified manner, indicating the respective developer and contact point.

Article 97
Transitional regime for the concessionary of the public telecommunications service

1 – Until the effective implementation of the SIC, ICP - ANACOM, being the national regulatory authority, shall adapt the rules on provision of information on ducts, masts, other facilities and locations provided by the concessionaire of the public telecommunications service, issued under paragraph 4 of article 26 of the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, so as to coordinate them with the SIC.

2 – The preceding paragraph shall be without prejudice to provisions of the Electronic Communications Law, approved by Law no. 5/2004 of 10 February, in matters such as market assessment, identification of companies with significant market power and consequent imposition of obligations.

Article 98
Communication of sharing agreements

Within at the most 30 days from the date of publication hereof, electronic communications companies must comply with the communication obligation provided for in paragraph 2 of article 23, concerning agreements concluded with other companies on the sharing of ducts, locations and resources, already set up or to be set up.

Article 99
Rules on implementation of the SIC

Within 60 days from the date of publication hereof, ICP - ANACOM must define the minimum elements referred to in paragraph 2 of article 24, as well as the terms and format referred to in paragraph 3 of article 24 and in paragraph 4 of article 25.

SECTION II
Transitional provisions on Chapters V and VI

 
Article 100
Application of the regime to ITUR

1 - Within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, alterations to telecommunications infrastructures of private ITUR, namely for the purposes of fibre optic deployment, must leave space for the set up of fibre optic equipment and cabling, the respective entry and connection to existing telecommunications infrastructures by more than one electronic communications company.

2 – For the purposes of the preceding paragraph, there must be interconnections with appropriate space for the necessary number of fibre optic cables, adapted to the number of existing buildings.

3 – The regime provided for in the preceding paragraphs shall also apply to private ITUR whose licensing, authorization or prior communication files are submitted to municipal services after the entry into force hereof, and within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual.

4 – Public ITUR whose licensing, authorization or prior communication files are submitted to municipal services after the entry into force hereof, and within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, shall be provided with piping duly adapted to the deployment of fibre optic, as well as copper pair and coaxial cabling, by more than one electronic communications company.

5 – The regime on the design and setup of ITUR provided for in Chapter V is mandatory for housing developments and urban settlements operations the files of which are submitted to municipal services within 30 days from the date of publication of the notice provided for in paragraph 2 of article 106, as regards the ITUR manual, without prejudice to obligations provided for in paragraphs 3 and 4 hereof.

Article 101
Agreements with public professional associations

Within 30 days from the date of publication hereof, ICP - ANACOM and public professional associations shall reach an agreement on the terms of the provision of information provided for in paragraph 2 of article 37 and in paragraph 2 of article 67.

Article 102
Application of the regime to ITED

Until the publication of the notice provided for in paragraph 2 of article 106, as regards the ITED manual, to ITED designs submitted to municipal services after the entry into force hereof pursuant to the urban building and development legal regime, shall apply the ITED manual in force.

Article 103
Update of ITED technicians

1 – All ITED technicians registered with ICP - ANACOM at the date of publication hereof must take training courses delivered by bodies qualified for the purpose and to be appointed by ICP - ANACOM, in order to ensure the necessary update of knowledge given rules laid down herein.

2 – It is incumbent on public professional associations to ensure that technicians registered therewith and qualified as ITED technicians for the purposes hereof update their knowledge.

3 – The training courses provided for in the preceding paragraphs shall be taken within one year from the date of publication of the notice provided for in paragraph 2 of article 106.

4 – ITED technicians who are not registered in public professional associations must present evidence to ICP - ANACOM that they have taken the mentioned training courses, within the deadline established in the preceding paragraph, otherwise the respective registration shall be withdrawn.

Article 104
Adaptation to fibre optic of constructed buildings

1 – Alterations carried out in buildings already constructed must be capable of entry and crossing of fibre optic cables of several electronic communications companies and respective connection to existing telecommunications infrastructures and the first operator to access the building to set up this type of infrastructures must ensure:

a) The set up of the whole building rising main with an appropriate capacity to supply electronic communications services to all dwellings of the building;

b) The existence of customer connection points enabling each electronic communications company to  connect each dwelling by their own resources, through a connection to the rising main;

c) The possibility of sharing the infrastructure set up, regardless of the type of network structure, by other electronic communications companies that wish to provide electronic communications services on the basis of fibre optic technology.

2 – For the purpose of point c) of the preceding paragraph, the sharing point must be located inside the building, in the building’s general distribution frame or close thereto.

3 – Where, for technical reasons, it is not possible to comply with the preceding paragraph, electronic communications companies must find an alternative solution, namely by locating the sharing point in a different point in the building or at the building’s entrance, in the cabinet of access to electronic communications infrastructures, or by using the collective urban development sharing point.

4 – Electronic communications infrastructures between electronic communications companies shall be shared in a reciprocal fashion, observing the principles of transparency, non-discrimination and cost-orientation of prices, namely taking into account the increase of costs incurred by the electronic communications company when setting up a shareable infrastructure, under the following terms:

a) The first operator to access the building shall bear in full the cost of constructing the infrastructure, as laid down in the preceding paragraphs;

b) The second operator to access the building may connect to the infrastructure developed by the first operator by paying the latter 50% of the cost, and the following operators may also connect to that same infrastructure by bearing costs in the corresponding proportion.

5 – The means to calculate the costs referred to in the preceding paragraph, the means of payment between operators, namely responsibility for the management of the relation between operators and condominiums, as well as all other aspects required for giving effect hereto, shall be approved by an Administrative Rule of the member of the Government responsible for the electronic communications area.

6 – The regime provided for in paragraph 1 is mandatory for buildings the designs of which are submitted to municipal councils after the entry into force hereof, and until the date of publication of the notice provided for in paragraph 2 of article 106.

Article 105
Assessment of ITUR and ITED

It is incumbent on ICP - ANACOM, following the general consultation procedure pursuant to article 8 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, to approve the ITUR and ITED assessment procedures, which shall be mandatory for installers.

SECTION III
Final provisions

 
Article 106
Approval of ITUR and ITED manuals

1 – ITUR and ITED manuals shall be approved, following the general consultation procedure pursuant to article 8 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, by determination of the Board of Directors of ICP - ANACOM, which shall be published in Series II of the Official Gazette.

2 – The manuals referred to in the preceding paragraph shall be made available in ICP-ANACOM’s website, and this shall be publicized in a notice published in Series II of the Official Gazette.

Article 107
Calculating time limits

The rules in article 72 of the Administrative Procedure Code apply to the calculation of administrative time limits provided for herein.

Article 108
Submitting documents available online

Where documents required by this Decree-Law are available online, persons or bodies required to submit them to ICP - ANACOM may provide information on the web address where this information may be consulted as well as the information necessary to carry out the consultation.

Article 109
Repealing provision

1 – The following statutory instruments are hereby repealed:

a) Decree-Law no. 59/2000, of 19 April;

b) Decree-Law no. 68/2005, of 15 March;

c) Paragraphs 5 to 7 of article 19, and paragraphs 5 to 7 of article 26 of Law no. 5/2004 of 10 February.

2 – The rules and procedures published by ICP - ANACOM pursuant to and in compliance with Decree-Law no. 59/2000, of 19 April, shall remain in force until their replacement by those published pursuant hereto.

Article 110
Entry into force

1 – This Decree-Law shall enter into force on the day following that of its publication.

2 – The certificate attesting conformity of the set up of telecommunications infrastructures in buildings provided for in Decree-Law no. 59/2000, of 19 April, is not required for the purpose of granting authorization to use buildings, where the respective procedures are still pending at the date of entry into force hereof.

Checked and approved in the Council of Ministers of 26 March 2009. - José Sócrates Carvalho Pinto de Sousa - José Manuel Vieira Conde Rodrigues - Francisco Carlos da Graça Nunes Correia - Fernando Pereira Serrasqueiro - Mário Lino Soares Correia.

Promulgated on 8 May 2009.

Let it be published.

The President of the Republic, ANÍBAL CAVACO SILVA.

Counter-signed on 12 May 2009.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.

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