Ministério das Obras Públicas, Transportes e Comunicações (Ministry for Public Works, Transport and Communications)
Gabinete do Ministro (Minister's Office)
Order
Law no. 5/2004, of 10 February, that establishes the legal regime applicable to electronic communications networks and services and to associated services provides in article 105, paragraph 1c), that the allocation of rights of use for frequencies is subject to an administrative fee.
Pursuant to article 16, paragraph 1b) of the referred Law no. 5/2004, the National Frequency Allocation Plan (NFAP), published on an annual basis by ICP - Autoridade Nacional de Comunicações (ICP-ANACOM), includes frequency bands which are reserved and are to be made available in the following year, in respect of electronic communications networks and services, specifying the cases where rights of use for frequencies are required and the respective allocation procedure, which may consist of competitive or comparative selection, including an auction or competition.
Under paragraph 4 of article 105 of the same statutory instrument, the amount of the fee for the allocation of a right of use for frequencies must be determined with regard to the administrative costs incurred by ICP-ANACOM in the management, control and enforcement of the general authorisation scheme and of rights of use, which may include costs for international cooperation, harmonisation and standardisation, market analysis, monitoring of compliance and other types of market control, as well as regulatory work involving the preparation and enforcement of secondary legislation and administrative decisions. This fee must be imposed on companies in an objective, transparent and proportionate manner, minimising additional administrative costs and associated charges.
Taking into account costs of administrative, technical and operational tasks, resulting of the allocation, by means of a public tender, of a right of use of a block of 2x1.25 MHz in the 450 MHz-470 MHz frequency band, for the provision of a publicly available terrestrial service, as well as costs resulting from the control and monitoring of the activity pursued by the license holder;
Considering also the additional efforts to be made by ICP-ANACOM;
Pursuant to paragraphs 1c), 2 and 4 of article 105 of Law no. 5/2004, of 10 February, I hereby determine that the fee to be paid for the allocation by ICP-ANACOM of a right of use for frequencies, of a national scope, for the provision of a publicly available terrestrial service shall amount to €75 000.
16 May 2008. – The Minister for Public Works, Transport and Communications, Mário Lino Soares Correia.
