Administrative Rule no. 567/2009, of 27 May



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

Administrative Rule


Administrative Rule no. 1473-B/2008, of 17 December, amended by Statement of Rectification no. 16-A/2009, of 13 February, approved the fees due for the issue of statements supporting rights granted by ICP-ANACOM, for the provision of publicly available electronic communications networks and services, for the granting of rights of use for frequencies and numbers, for the use of radio spectrum and other fees due to ICP - Autoridade Nacional das Comunicações (ICP – ANACOM).

In line with the entry into effect of Decree-Law no. 53/2009, of 2 March, fees due for the pursue of amateur activities must be adapted to provisions therein, thus completing the desired and necessary update and simplification of the radio amateur service regime made by that Decree-Law.

Moreover, Decree-Law no. 63/2009, of 10 March, introduced a second amendment to Decree-Law no. 177/99 of 21 May, which governs the access to and the provision of audiotext services, extending the respective legal system to value-added services based on message sending.

The above-mentioned Administrative Rule no. 1473-B/2008 must thus be amended, so as to reflect changes brought about both by Decree-Law no. 53/2009 and by Decree-Law no. 63/2009.

Therefore, pursuant to paragraphs 1, 4 and 6 of article 19 of Decree-Law no. 53/2009, of 2 March, and to paragraph 7 of article 19 of Decree-Law no. 151-A/2000, of 20 July, as well as to article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001 of 20 August, and by Decree-Law no. 63/2009, of 10 March:

The Government, through the Minister of Public Works, Transport and Communications, hereby decrees as follows:

1.º

Paragraph 1 e) and h) of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«1.º


a) …

b) …

c) …

d) …

e) The Amateur and Amateur-Satellite Services, provided for in paragraph 1 of article 19 of Decree-Law no. 53/2009, of 2 March,  as well as the corresponding reduction rate, provided for in paragraph 4 of that article, included in annex V hereto, which is an integral part hereof;

f) ...

g) ...

h) The access to and provision of audio-text services and value-added services based on message sending, provided for in paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and by Decree-Law no. 63/2009, of 10 March, included in annex VIII hereto, which is an integral part hereof;

i) …»

2.º

Annex iii of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«ANNEX III
[…]

1 - …

2 - …

3 - Without prejudice to any alterations made to the National Numbering Plan, the distribution of the different types of fees that apply to the use of the different types of numbers/services, the respective value and code are hereby defined in the table below:

Fee code

Type of fee

Type of numbers/services

                Fee (Euro) 

131101

Geographic, mobile, (including shared resources), nomadic VoIP, access to data network, private voice networks, inter-operator routing.

0.02

131102

B

 

Voice mail, audio-text services, value-added services based on message sending, free of charge to the caller, shared costs, shared revenues (including single tariff and universal access), premium-rate with utility nature, virtual card, personal, short (except free-of-charge).

0.04

131103

C

NSPC - National Signalling Point Code.

20

131104

D

ISPC - International Signalling Point Code, DNIC — Data Network Identification Code, IIN —Issuer Identifier Number, (T)MNC — (Trunking Mobile Network Code), SID —System Identifier CDMA, NET — Network Operator Identity (MPT 1343).

200

-

Free

Emergency, short with social interest (namely  1410, 1414, 144, 116000, 116111, 116123), directory service in the scope of the universal service (118), 12xyz for internal use to networks; NRN – Network Routing Number (portability), with implicit portability (fax and mobile telephone service data, listening and recording voice mail), maritime mobile, NSPC for internal use to networks, ADMD — Names of Administration Management Domain, NCC – Network Colour Code; Network_ID, Original_Network_ID, Private_Data_Specifier_ID – Digital Terrestrial Television Identifiers

-

4 - …

5 - In application of the ''occupier-payer'' principle, the usage fee corresponding to a code/number of the telecommunication national numbering plan (E.164) with a length below 9 digits shall increase inversely in multiples of 10.

6 – (Former paragraph 5).»

3.º

Annex v of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«ANNEX V
Fees due for the Amateur and Amateur-Satellite Services (paragraphs 1 and 4 of Decree-Law no. 53/2009, of 2 March)

1 – Fees due amount to:

Fee code

Act

Fee (Euro) 

 

1 – Fees for administrative costs

 

153101

Amateur ability exam

50

153102 

Issue of a NAC

15

153103

Duplicate of a NAC or of an appropriate CEPT or ITU license

15

153104

Alteration of a NAC or of an appropriate CEPT or ITU license

15

153105

Issue of a license for non-proprietary stations

15

153106

Duplicate of a license for non-proprietary stations

15

153107

Alteration of a license for non-proprietary stations

15

153108

Issue of a duplicate of an international certificate

15

153109

Assignment of a call sign for an additional fixed station (ACS)

15

153110

Assignment of an occasional call sign (OCS)

15

153111

Assignment of an annual occasional call sign (AOCS)

15

 

2 – Fees related to an optimal use of common resources

 

154101

Annual fee for use of an annual occasional call sign (AOCS)

120

154102

Annual fee for the use of radio spectrum by a NAC holder

20

2 – The annual fee due by NAC holders for the use of spectrum shall be subject to the following reductions:

a) By 50% for those below 25 years of age;

b) By 50% for those over 65 years of age;

c) By 70% for disabled persons who suffer permanent disability at 60% or above, calculated pursuant to and for the purposes of paragraph 4 c) of article 19 of Decree-Law no. 53/2009, of 2 March.»

4.º

Annex viii of Administrative Rule no. 1473-B/2008, of 17 December, shall be replaced by the following:

«ANNEX VIII

Fees due for the access to and provision of audio-text services and value-added services based on message sending (paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and by Decree-Law no. 63/2009, of 10 March).

1. Fees charged by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), for the purposes of and pursuant to paragraphs 1 and 2 of article 11 of Decree-Law no. 177/99 of 21 May, as amended by Law no. 95/2001, of 20 August, and by Decree-Law no. 63/2009, of 10 March, that regulates the access to and the provision of audio-text services and value-added services based on message sending, amount to:

Fee code

Act

Fee (Euro) 

181101

Registration of providers of audio-text services and of value-added services based on message sending

200 

181102

 

Endorsements to or substitution of the registration, if lost.......

50

181203

Annual fee due for the provision of audio-text services and of value-added services based on message sending

500

2 - The annual fee due for the provision of audio-text services and value-added services based on message sending shall be paid in July every calendar year.

3 - Where the provision of audio-text services and value-added services based on message sending starts after the date referred to in the preceding paragraph, the annual fee shall be due only for the number of months that remain up to the end of June of the following calendar year, for this purpose all fractions of one month being deemed as a full month.»

5.º

1 – This Administrative Rule shall enter into force on the day following its publication.

2 – Fees provided for in annex v take effect as from the entry into force of Decree-Law no. 53/2009, of 2 March.

The Minister of Public Works, Transport and Communications, Mário Lino Soares Correia, on 18 May 2009.