Assembleia da República (Assembly of the Republic)
Law
Authorizes the Government to legislate on the regime of open access to infrastructures suitable for the accommodation of electronic communications networks and to lay down the regime of challenge to measures taken by ICP-ANACOM in the scope of the regime governing the construction, access to and set up of electronic communications networks and infrastructures.
The Assembly of the Republic hereby decrees, pursuant to point d) of article 161 of the Constitution, as follows:
Article 1
Subject-matter
The Government is hereby authorized to:
a) Establish the regime of open access to infrastructures suitable for the accommodation of electronic communications networks held or managed by electronic communications companies and by bodies holding infrastructures suitable for the accommodation of electronic communications networks that are used by them;
b) Alter the regime of challenge to measures taken by ICP–ANACOM, provided for in the Electronic Communications Law, approved by Law no. 5/2004, of 10 February.
Article 2
Purpose and extent of the legislative authorization
1 - As regards point a) of the preceding article, on the regime of open access to infrastructures of electronic communications companies and of bodies holding infrastructures suitable for the accommodation of electronic communications networks that are used by them, the purpose and extent of the legislative authorization are as follows:
a) Provision for the obligation on electronic communications companies providing publicly available electronic communications networks and services and on bodies holding infrastructures suitable for the accommodation of electronic communications networks that are used by them to publicize the intention to execute construction works or of extension of infrastructures suitable for the accommodation of electronic communications networks;
b) Provision for the possibility of electronic communications companies providing publicly available electronic communications networks and services joining the works referred to in the preceding paragraph, bearing in this case their share in the cost of investment in the works, which corresponds to the difference in the cost of investment resulting from their association thereto;
c) Provision for the obligation on electronic communications companies providing publicly available electronic communications networks and services and on bodies holding infrastructures suitable for the accommodation of electronic communications networks that are used by them to ensure access to the respective infrastructures suitable for the accommodation of electronic communications networks to other electronic communications companies providing publicly available networks and services in equal, transparent and non-discriminatory conditions, subject to cost-orientated remuneration conditions;
d) Provision for the power of ICP-ANACOM to settle, by means of a binding decision and via the dispute settlement procedure provided for in article 10 of the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, all matters on access to infrastructures under consideration;
e) Provision that this regime is 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 to provisions that apply pursuant thereto to ducts, masts, other facilities and locations held by the concessionaire of telecommunications public service.
2 - As regards point b) of the preceding article, on the alteration of the regime of challenge to measures taken by ICP–ANACOM, provided for in the Electronic Communications Law, approved by Law no. 5/2004, of 10 February, the purpose and extent of the legislative authorization are as follows:
a) Provision that decisions taken by ICP-ANACOM to apply penalty payments may be appealed to commercial courts in the scope of breach proceedings, and to administrative courts in other cases;
b) Provision that decisions, orders or other measures taken by ICP-ANACOM in the scope of breach proceedings may be brought before commercial courts;
c) Provision that decisions of commercial courts, where further action may be brought pursuant to the general breach regime, may be appealed to the competent Appeal Court, which shall rule at last instance;
d) Provision that ordinary appeals may not be lodged against judgements of the Appeal Court, pursuant to the preceding point.
Article 3
Duration
The legislative authorization conferred by this law shall last for 90 days from the date of publication hereof.
Article 4
Entry into force
This Law shall enter into force on the day following that of its publication.
Approved on 22 May 2009.
The President of the Assembly of the Republic, Jaime Gama.
Promulgated on 30 June 2009.
Let it be published.
The President of the Republic, ANÍBAL CAVACO SILVA.
Counter-signed on 30 June 2009.
The Prime Minister, José Sócrates Carvalho Pinto de Sousa.
