Decree-Law no. 53/2009, of 2 of March

Official Portuguese version published in D.R. number 42 (Serie I) of 2 March 2009

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

Decree-Law


The practical implementation of Decree-Law no. 5/95, of 17 of January, which lays down the system whereby the amateur radio service is used, has shown that this system needs to be updated and simplified, both at a technical level and from the point of view of administrative procedures to comply with the pursue of the amateur activity.

The Decree-Law which is now published reflects this effort to simplify procedures and at the same time aims to meet the concerns of amateur associations which ICP - Autoridade Nacional das Comunicações (ICP-ANACOM) has made the Government aware of.

On account of its innovative nature, a special highlight should be given to the fact that the use of radio spectrum by amateur service stations held by individuals no longer requires a license.

By contrast, tools to promote responsibility of amateurs and their associations are reinforced, in case the respective radio stations are misused or where interference due to amateur stations occur, as well as monitoring powers assigned to ICP - ANACOM as the radio spectrum managing body.

The importance of amateur services and amateur satellite services is also acknowledged as means of dissemination of scientific and technological knowledge in the scope of electronic communications in general and radiocommunications in particular, given the integration of amateurs and their associations in communities. Moreover, encouragement is given to the access of the general population, namely the younger generation, to radiocommunications through amateur radio.

This new Decree-Law clearly indicates that Decree-Law no. 151-A/2000, of 20 July, applies to the amateur service as general radiocommunications regime, on all matters which this special law does not provide for. This is the case, namely, of administrative fees and fees for the use of radio spectrum, matters which are referred to Decree-Law no. 151-A/2000 - these fees shall be defined by the administrative rule, mentioned in article 19, paragraph 7, thereof, of the member of the Government responsible for the communications area.

Pursuant to this Decree-Law and within 90 days at the most from the date on which it is published, ICP - ANACOM shall establish several issues such as procedures to be followed as regards amateur exams and documents to be issued in case they are passed, as well as other matters which are more dependent on technological development or international guidelines, namely ways to establish technical conditions of operation of means used, assignment of call signs to amateur stations and technical procedures for bringing the latter into operation.

The definition and disclosure of frequency bands allocated to the amateur services and amateur-satellite services, as well as the respective conditions for use are also incumbent on the electronic communications regulatory authority within the National Frequency Allocation Plan (NFAP), within the same 90-day-deadline.

This Decree-Law provides for a vacatio legis of 90 days, which allows the amateur service and satellite amateur service regime to fully take effect by the expiry of that time-limit.

Therefore:

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

CHAPTER I
General provisions and definitions
 

Article 1
Subject-matter and scope

This Decree-Law lays down the rules that apply to amateur services and amateur-satellite services, and defines the regime for granting certificates and especial permits to amateurs and licenses to non-proprietary stations.

Article 2
Definitions

1 - For the purposes of this Decree-Law, the following definitions shall apply:

a) ''Amateur service'': a radiocommunications service that aims for personal training, intercommunication and technical studies carried out by amateurs;

b) ''Amateur-satellite service'': a radiocommunications service that uses space stations installed on Earth satellites, for the same purposes as those of an amateur service;

c) ''Amateur'' or ''radio amateur'': one who is qualified pursuant hereto;

d) ''Amateur station'': radiocommunications station of the amateur service or amateur-satellite service, which may have a fixed, mobile or portable nature;

e) ''Fixed amateur station'': amateur station which is intended to be used permanently in a specific fixed location;

f) ''Mobile amateur station'': amateur station which is intended to be used in motion or in non-determined locations, and which requires an external power supply;

g) ''Portable amateur station'': amateur station which is intended to be used in motion or in non-determined locations, and which is autonomous as far as power supply is concerned;

h) ''Individual amateur station'': amateur station associated to a national amateur certificate or to a license issued pursuant to applicable recommendations of the European Conference of Postal and Telecommunications Administrations (CEPT) or of the International Telecommunication Union (ITU);

i) ''Non-proprietary amateur station'': amateur station that operates under a station license and which may be used by a group of amateurs;

j) ''National amateur certificate (NAC)'': document issued by ICP - ANACOM which qualifies the holder thereof to use amateur stations;

l) ''HAREC'': Harmonised Amateur Radio Examination Certificate, according to the applicable recommendation of CEPT;
m) ''Amateur station license'': administrative qualifying document granted by ICP - ANACOM, which bestows on the holder thereof the right to operate a non-proprietary amateur station, in compliance with conditions and limits set out therein.

2 - Definitions laid down in the Radiocommunications Regulation, published pursuant to the Constitution and ITU Convention, also apply hereto.

CHAPTER II
Access to and pursue of the amateur activity
 

Article 3
Access to the amateur activity

1 - The radio amateur activity and the use of any amateur station requires a NAC or a valid qualifying document, issued pursuant to applicable recommendations of CEPT or of ITU, or issued by a country with which Portugal has a reciprocity agreement.

2 - The NAC may be obtained:

a) By passing an amateur ability exam;

b) By application submitted to ICP - ANACOM, in the case of a holder of a HAREC certificate issued by a country that signed an applicable recommendation of CEPT, a holder of a ITU certificate or a holder of a valid qualifying document issued by a country with which Portugal has a reciprocity agreement.

3 - The decision on whether the NAC is granted pursuant to point b) of the preceding paragraph shall be notified to the interested party within 10 days at the most from the date on which the application was received.

4 - The NAC holder is entitled to use any amateur station, according to criteria established for the respective category.

5 - The NAC is non-transferable.

Article 4
Amateur ability exam

1 - The following may apply to ICP - ANACOM for an amateur ability exam:

a) All those over 12 years of age who are citizens of Member States of the European Union;

b) All those over 12 years of age who are citizens of other States, provided that they are holders of a national residence permit.

2 - To take the exam referred to in the preceding paragraph, minors need to present a written authorization signed by the respective holders of parental responsibility or guardians, under civil law.

3 - Support may be granted to physically handicapped and sensory disabled persons who are capable of pursuing the amateur activity, insofar as evidence of their disability status is provided to ICP - ANACOM.

4 - ICP - ANACOM shall define and publicise procedures to be followed as regards amateur ability exams and documents to be issued in case they are passed, as well as subjects dealt with in these exams per amateur category and respective conditions of approval.

Article 5
Amateur categories

1 - There are six amateur categories: 1, 2, 3, A, B and C; the first three categories - 1, 2 and 3 - correspond to the ranking of amateurs after they have taken the ability exam pursuant to this Decree-Law and procedures set out herein; the other three categories - A, B and C - correspond to existing categories, which are maintained.

2 - Category 3 is accessed to where the respective exam is passed.

3 - Without prejudice to paragraphs 8 and 9 of article 6, access to category 2 requires:

a) Passing the respective exam, to which may apply amateurs over 16 years of age who remained in category 3 for at least two years, and amateurs of category C;

b) An application for this purpose submitted by holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement.

4 - Without prejudice to paragraphs 8 and 9 of article 6, access to category 1 requires:

a) Passing the respective exam, to which may apply amateurs who remained in category 2 for at least one year and amateurs of category  A and B;

b) An application for this purpose submitted by holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement.

5 - Amateurs who were subject to any sanction for infringement of obligations provided for herein in the two preceding years may not apply to any exam.

6 - ICP - ANACOM shall define and publicise procedures to be followed as regards access to amateur categories by holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement.

Article 6
National amateur certificate

1 - The Amateur category shall be endorsed to the holder's NAC.

2 - NACs shall be granted by ICP - ANACOM to amateurs of categories 1, 2 and 3 pursuant to paragraph 2 of article 3, and to amateurs of categories A, B and C pursuant to paragraph 2 of article 25.

3 - NACs shall be valid for a 10-year period, regardless of whether the respective holder changes his/her category during this period, and shall be automatically renewed for an equivalent period of time, save where the respective holder submits a written communication 30 days in advance of the expiry of the validity, or has failed to pay the annual fee pursuant to paragraph 7 a).

4 - The NAC must be amended in the following situations:

a) At the initiative of ICP - ANACOM, where the amateur category has changed;

b) At the initiative of the amateur, by communication to ICP - ANACOM that personal data referred to in the NAC has changed.

5 - The NAC may be suspended by ICP - ANACOM in the following situations:

a) Upon request by the amateur, for a period over 12 months and not exceeding 5 years;

b) For failure to pay the annual fee provided for in article 19, paragraph 1 h), following notification by ICP - ANACOM, until the amateur pays amounts due or the NAC expires pursuant to paragraph7 a).

6 - The NAC may be revoked by ICP - ANACOM in the following situations:

a) At the request of the respective holder;

b) Upon expiry of the five-year time limit provided for in paragraph 5a), where the holder does not convey its wish to activate the NAC, following notification by ICP - ANACOM 30 days in advance of the expiry of the validity.

7 - The NAC expires in the following situations:

a) Expiry of the time-limit, where the holder notifies the wish not to automatically renew the certificate, or where the holder has failed to pay the annual fee provided for in article 19, paragraph 1 h), following notification by ICP - ANACOM 30 days in advance of the expiry of the time-limit;

b) Elapse of five years, where the amateur remains in category 3;

c) Communication that the amateur has terminated his/her activity;

d) Communication of the death of the NAC holder.

8 - After a NAC has been revoked under article 6 or has expired under points a), b) or c) of the preceding paragraph, the holder may only access the category endorsed in the previous NAC by taking a new exam.

9 - In the cases provided for in points a) and b) of paragraph 7, the NAC holder may not take a new amateur ability exam in the two years that follow the date on which the expiry took place.

10 - Where the NAC is suspended or revoked, or expires, pursuant to the preceding paragraphs, the respective holder must immediately cease the activity pursued in the scope of the amateur service or amateur-satellite service and return the qualifying document to ICP - ANACOM within 40 days from the date of notification of the suspension or revocation or from the date on which occurred the fact which gave rise to the NAC expiry.

11 - Where the NAC is changed, the amended qualifying document must be returned to ICP - ANACOM within 40 days from the date on which a new document is issued.

12 - Particulars of the NAC, as well as issue, amendment, suspension and revocation procedures shall be defined and publicised by ICP - ANACOM.

Article 7
International certificates

1 - ICP - ANACOM shall grant the HAREC certificate to amateurs that pass the amateur ability exam for category 1, in compliance with the applicable recommendation of CEPT, at no cost to amateurs.

2 - ICP - ANACOM is entitled to issue other certificates pursuant to CEPT or ITU recommendations.

3 - HAREC-A and HAREC-B certificates issued pursuant to legislation repealed by this Decree-Law shall remain in force.

4 - It is incumbent upon ICP - ANACOM to indicate and publicise the applicable CEPT and ITU recommendations.

Article 8
Use of stations

1 - Without prejudice to limits set out in the law, NAC holders, except for those in category 3, are entitled to:

a) Use their individual amateur stations, both fixed stations, not exceeding one main station and one additional station, and mobile or portable stations, in compliance herewith and with all performance and procedure rules approved and publicised by ICP - ANACOM pursuant hereto;

b) Use non-proprietary stations;

c) Use, according to their category, individual amateur station of other amateurs, except for amateur stations of category 3;

d) Share the use of their individual stations with other amateurs, according to their category.

2 - Without prejudice to limits set out in the law, NAC holders in category 3 are entitled to:

a) Use their individual amateur stations, both fixed stations, not exceeding one main station and one additional station, and mobile or portable stations, in reception mode only, in compliance herewith and with all performance and procedure rules approved and publicised by ICP - ANACOM pursuant hereto;

b) Use individual stations of any amateur in a higher category, under the latter's supervision and using frequency bands allowed to the latter, both in transmit mode and reception mode;

c) Use non-proprietary amateur stations, both in transmit mode and reception mode, under the supervision of an amateur of categories 1, A or B, using primary basis frequency bands allowed to the latter.

3 - To holders of valid qualifying documents issued by CEPT, ITU or a country with which Portugal has a reciprocity agreement shall apply rules provided for in paragraph 1.

4 - It is incumbent upon ICP - ANACOM to publicise the list of valid qualifying documents referred to in the preceding paragraph as well as of specific procedures to which the use of stations by respective holders is subject.

CHAPTER III
General licensing regime and rules on responsibility for operation of amateur stations
 

Article 9
Licensing and responsibility for operation of amateur stations

1 - The operation of individual amateur stations does not require a license.

2 - The operation of non-proprietary stations requires a license issued by ICP - ANACOM:

a) To properly constituted amateur associations, provided that all members of association bodies are holders of a NAC;

b) To competent bodies in the scope of national and regional systems of emergency civil planning.

3 - The granting of a non-proprietary station license entitles the respective holder to bring into operation his/her fixed station as well as, according to the license, his/her mobile or portable stations.

4 – The responsibility for the operation of stations referred in paragraph 1 falls on the NAC holder, the holder of a license issued pursuant to applicable recommendations of CEPT or of ITU, or the holder of a license issued by a country with which Portugal has a reciprocity agreement.

5 - The responsibility for the operation of stations referred in paragraph 2 falls on holders of respective licenses.

Article 10
Licenses for non-proprietary station

1 - For the purpose of the granting of a license for a non-proprietary amateur station, interested parties shall submit to ICP - ANACOM an application attaching the following particulars:

a) Identification of the applicant, as well as of members of association bodies, in case of an amateur association;

b) Characteristics of the stations for which a license is being applied for and respective place of installation.

2 - The decision on the granting of the license must be adopted, communicated to the interested party and publicised within at the most 20 days from reception of the application.

3 - Where ICP - ANACOM decides to reject the application, the respective grounds must be provided, based on the principle of public interest in the scope of radio spectrum management and/or technical reasons.

4 - Licenses shall bear:

a) Identification of the license holder;

b) License number;

c) Date of issue;

d) Period of validity of the licence;

e) Characteristics of the station (type of station, call sign and place of installation);

f) General and specific conditions that apply to the station.

5 - Licenses for non-proprietary amateur stations shall be valid for a 10-year period, and shall be automatically renewed for an equivalent period of time, save where the respective holder submits to ICP - ANACOM, or ICP - ANACOM submits to the license holder, a written communication 30 days in advance of the expiry of the validity.

6 - Licenses for non-proprietary amateur stations are non-transferable.

7 - ICP - ANACOM is entitled to change the license:

a) Whenever deemed necessary for spectrum management purposes, in compliance with the principle of public interest and proportionality;

b) At the request of the license holder, who must communicate the change of data found in the license.

8 - ICP - ANACOM is entitled to revoke the license:

a) Whenever deemed necessary for spectrum management purposes, in compliance with the principle of public interest and proportionality;

b) At the request of the license holder.

9 - The license expires by the end of the validity period where the license holder communicates the wish not to have it renewed automatically.

10 - Where the license is revoked, or expires, pursuant to the preceding paragraphs, the respective holder must immediately cease the station operation and return the qualifying document to ICP - ANACOM within 40 days from the date of notification of the license revocation or expiry.

11 - Where the license is changed, the previous license must be returned to ICP - ANACOM within 40 days from the date on which a new document is issued.

12 - The application to ICP - ANACOM for a duplicate licence by the holder does not require the attachment of any documents.

13 - It is incumbent upon ICP - ANACOM to define and publicise the list of elements which must be attached to applications for licenses for non-proprietary amateur stations as well as procedures for the respective issue.

Article 11
Licenses issued pursuant to CEPT and ITU recommendations

1 - An adequate CEPT or ITU license shall be issued by ICP - ANACOM, where appropriate, in the same document that bears the NAC, according to applicable CEPT or ITU recommendations.

2 - The NAC alteration, suspension, revocation or expiry provided for in article 6 shall have the same effect on the corresponding CEPT or ITU license.

3 - It is incumbent upon ICP - ANACOM to indicate and publicise the applicable CEPT and ITU recommendations, as well as procedures for the issue, alteration, suspension and revocation of licenses referred to in paragraph 1.

Article 12
Obligations of users of amateur stations

1 - The following obligations must be complied with by users of amateur stations:

a) To use stations within the limits established in article 15;

b) To use frequency bands and station call signs strictly in accordance with article 16;

c) To use amateur stations exclusively for the purposes defined in article 2, paragraph 1 a) and b);

d) Not to use amateur stations on board aircrafts or vessels, except where express consent has been provided by competent authorities;

e) Not to use, except in situations authorized by ICP - ANACOM, codes, abbreviations or coded messages, in order to render the meaning ambiguous or make the communication unclear or incomprehensible, nor to issue false call signs and false identification or alarm signals;

f) Not to interfere in communications of other amateur stations or of other radiocommunications services,  nor to use a frequency of the amateur service or of the amateur-satellite service so as to prevent access thereto by other amateurs;

g) To use amateur stations according to the respective NAC;

h) To establish communications exclusively with other amateur stations;

i) To refrain from transmitting intercepted messages from or to third parties, except where these transmissions concern emergency situations, namely when a human life is at risk or where express consent for the purpose has been provided by ICP - ANACOM;

j) To refrain from retransmitting broadcasts of any other radiocommunications services;

l) To present the NAC or equivalent qualifying document whenever requested to do so by monitoring bodies.

2 - Amateur associations that hold licenses for non-proprietary stations may regularly broadcast from their stations, and are not subject to the frequency use limit provided for in the second part of point f) of the preceding paragraph, notifying ICP - ANACOM of stations involved and broadcast schedules.

3 - NAC holders or holders of any other qualifying document, issued pursuant to applicable recommendations of CEPT, ITU, or by a country with which Portugal has a reciprocity agreement, shall be deemed to be users of amateur stations, and pending proof to the contrary, the existence of an exterior antenna in the location shall be deemed to imply the effective use of a station.

Article 13
Obligations of those in charge of the operation of stations

1 - The following obligations must be complied with by those in charge of the operation of stations, without prejudice to other obligations that arise from this Decree-Law and other applicable laws:

a) To maintain stations in a good working operation;

b) To ensure that stations comply with defined limits for non-essential radiation provided for in applicable CEPT or ITU recommendation, the references of which shall be publicised by ICP - ANACOM;

c) To ensure that stations comply with laws and regulations on exposure of populations to electromagnetic fields produced by radiocommunications stations;

d) To ensure the display of the station identification and of a warning on the risks involved in the installation of a fixed amateur station and respective accessories, where applicable, according to applicable laws and regulations;

e) To ensure that stations comply with all conditions defined in the Radiocommunications Regulation that do not conflict with this Decree-Law, which shall prevail;

f) To collaborate with ICP - ANACOM in the resolution of interferences;

g) Not to allow the use of their amateur stations to any person not qualified under this Decree-Law, save in the situation of paragraph 2 of article 14;

h) To allow the inspection of stations, granting access to the location of exclusive or shared installation to competent enforcement officers, providing them with all information deemed necessary for the performance of their duties, including the supply of technical documents associated to the stations.

2 - The following specific obligations must be complied with by those in charge of the operation of non-proprietary stations:

a) To maintain the conditions for the operation of stations according to the respective license;

b) To present the license to enforcement officers whenever this is requested;

c) To supervise the use of referred stations by amateurs below 16 years of age;

d) To submit to ICP - ANACOM, by 30 April every year, a copy of the minute of the general assembly defining the members of the association holding the license, as well as any amendment to bylaws, in case the entity in charge is an amateur association, according to paragraph 2 a) of article 9.

Article 14
Special authorizations

1 - ICP - ANACOM is entitled to grant temporary authorization for the operation of stations, with precise location, pursuant to article 15, paragraph 1, that do not meet in full or in part the technical provisions defined herein, to NAC holders, except for those in category 3, as well as to holders of licenses for non-proprietary stations, or of valid qualifying documents issued by CEPT or ITU, or by a country with which Portugal has a reciprocity agreement.

2 - ICP - ANACOM may authorize non-qualified persons to use amateur stations, in certain events or initiatives, under the supervision of amateurs of categories 1, A and B.

3 - Authorizations referred in paragraphs 1 and 2 are granted following an application submitted to ICP - ANACOM specifying the exclusive objective of promoting and disseminating technological and scientific knowledge or the development of experimental activities in the scope of general electronic communications and radiocommunications in particular.

4 - In the case of the preceding paragraph, applications must be submitted to ICP - ANACOM at least 10 days ahead of the date intended for the authorization to take effect.

5 - In exceptional and duly justified cases, ICP - ANACOM may exempt the applicant from the time-limit provided for in the preceding paragraph.

CHAPTER IV
Use of frequencies and call signs
 

Article 15
Use of frequencies

1 - Frequency bands allocated to the amateur service and to the amateur-satellite service, as well as conditions for use for each of the categories referred to in paragraph 1 of article 5, including the respective transmitted power, shall be set out and publicised in the Frequency Allocation Plan (NFAP).

2 - All amateur stations may operate in frequency bands referred to in the preceding paragraph and the respective transmissions shall not exceed:

a) Band limits defined in paragraph 1;

b) Bandwidth required for the respective use.

3 - ICP - ANACOM may define particular frequency plans for specific sub-bands.

4 - ICP - ANACOM may assign specific frequencies or frequency sub-bands to non-proprietary stations where the respective frequency management, for its characteristics, requires coordination with other stations of the amateur service and amateur-satellite service, the operation of these stations being in this case limited to assigned frequencies or frequency sub-bands.

5 - Users and those in charge of amateur station operation shall comply with ITU and CEPT recommendations in all matters, as far as frequency management is concerned, without prejudice to applicable law.

Article 16
Station call signs

1 - ICP - ANACOM shall assign a call sign (CS) to the main fixed station operating under a NAC or a license for a non-proprietary station.

2 - The CS assigned to the main fixed station is common to mobile and portable stations.

3 - At the request of the qualified amateur, ICP - ANACOM may assign:

a) A CS to an additional fixed station;

b) Occasional call signs (OCS);

c) Annual occasional call signs (AOCS).

4 - AOCS shall be assigned for one-year periods, and shall be automatically renewed for equivalent periods of time, save where the amateur submits a communication to the contrary by the date of expiry of the validity.

5 - It is incumbent upon ICP - ANACOM to define and publicise rules for the assignment and use of CS, OCS and AOCS.

CHAPTER V
Interferences and emergency situations
 

Article 17
Interferences

1 - Frequency bands entitled to protection against interferences shall be defined in the NFAP.

2 - As regards the remaining frequency bands, where interference on a radiocommunications service station occurs, the interfering amateur station broadcasts must cease immediately, and shall only be reactivated after measures to prevent a new interference situation have been adopted by those in charge of the station.

3 - It is incumbent upon ICP - ANACOM to set out and publicise procedures associated to the communication of situations of interference in amateur stations operating in frequency bands referred to in paragraph 1.

Article 18
Emergency situations

1 - The competent bodies may resort to their own amateur stations, as well as to amateurs and the respective stations, in compliance with national and regional systems of emergency civil planning.

2 - In emergency situations, and where deemed to be necessary by competent bodies, amateur stations may connect stations of other radiocommunications services using frequencies different than those assigned to the amateur service and amateur-satellite service.

3 - In the situations mentioned in the preceding paragraph, ICP - ANACOM is entitled, at the request of competent bodies in the scope of national and regional systems of emergency civil planning, to determine the suspension in full or in part of the use of frequency bands allocated to the amateur service and amateur-satellite service.

4 - In emergency situations, and in situations where a serious accident, catastrophe or calamity has occurred, or is at risk of taking place, amateur stations may be used to send distress messages, namely messages to safeguard human lives, in frequency bands allocated to the amateur service and amateur-satellite service.

CHAPTER VI
System of fees
 

Article 19
Fees

1 - Fees are due for the following acts:

a) Taking an amateur ability exam, pursuant to article 4;

b) The issue of a NAC according to procedures referred to in paragraph 12 of article 6;

c) The issue of a duplicate, the NAC alteration except for the situations provided for in paragraph 4 a) of article 6, and the alteration of the license issued under an applicable recommendation of CEPT or ITU, pursuant to article 11;

d) The issue and alteration of a license for non-proprietary stations, as well as the issue of a duplicate license,  except for the situations provided for in paragraph 7a) of article 10;

e) The issue of a duplicate of international certificates pursuant to article 7;

f) The assignment of call signs, pursuant to paragraph 3 of article 16;

g) The use of AOCS;

h) The use of radio spectrum by NAC holders.

2 - The fee provided for in point a) of the preceding paragraph includes, in case of a pass, the issue or alteration of the NAC, as well as of an adequate license issued pursuant to applicable recommendations of CEPT or of ITU, and respective international certificates, where applicable.

3 - Fees provided for in points g) and h) are annual.

4 - The fee provided for in point h) of paragraph 1 shall be reduced for NAC holders are:

a) Below 25 years of age, who must pay the first fee in full on the year they reach the referred age;

b) Over 65 years of age, who must pay the last fee in full on the year they reach the referred age;

c) Disabled persons who suffer permanent disability at 60% or above, calculated pursuant to Decree-Law no. 352/2007 of 23 October, which must be duly evidenced.

5 - Reduction provided for in the preceding paragraph shall be applied automatically except in the following situations, where the NAC must submit to ICP - ANACOM an application for this purpose:

a) In the case provided for in points a) and b), where amateurs have obtained their categories under laws repealed by this Decree-Law, in which case the application must be submitted in the first half of the year in which they are entitled to the reduction;

b) In the case provided for in point c), where amateurs have taken the respective ability exam under the regulatory framework approved by this Decree-Law.

6 - Amounts and payment frequency of fees referred in paragraph 1, as well as reduction rates referred in paragraph 4 shall be laid down in the administrative rule mentioned in article 19, paragraph 7, of Decree-Law no. 151-A/2000, issued by the member of the Government responsible for the communications area, and shall constitute a revenue of ICP - ANACOM.

CHAPTER VII
Enforcement and sanction regime
 

Article 20
Enforcement

1 - It is incumbent upon ICP - ANACOM to enforce provisions herein through its monitoring officers or agents duly accredited by the Board of Directors.

2 - ICP - ANACOM shall carry out inspections to amateur stations to verify if the respective operation complies with applicable conditions.

Article 21
Breaches and fines

1 - Without prejudice to other applicable sanctions, the following infringements shall be deemed to be breaches:

a) Use of any amateur station without a NAC or another qualifying document issued pursuant hereto, in violation of paragraph 1 of article 3;

b) Use of a station by any person not entitled to do so, pursuant to paragraphs 1, 2 and 3 of article 8;

c) Use of any station by  a holder of a NAC of category 3, in transmit mode, in violation of paragraph 2 a) of article 8;

d) Use of a station without the necessary supervision, in the cases provided for in paragraph 2 b) and c) of article 8;

e) Use by a NAC of a station, either its own or not, out of bands defined for the purpose, in violation of article 15, as well as the use of call signs in violation of article 16;

f) Failure by NAC holders to immediately cease activity, in case of NAC suspension, revocation or expiry, in violation of paragraph 10 of article 6;

g) Failure to immediately cease operation of a non-proprietary station, in case of revocation or expiry of the respective license, in violation of paragraph 10 of article 10;

h) Failure to return the NAC, in violation of paragraphs 10 and 11 of article 6;

i) Failure to return the license for non-proprietary station,  in violation of paragraphs 10 and 11 of article 10;

j) Failure by the NAC holder to communicate to ICP - ANACOM the alterations to holder data found in the NAC, in violation of paragraph 4 b) of article 6;

l) Bringing into operation and use of non-proprietary stations without the license provided for in paragraph 2 of article 9;

m) Failure by the NAC holder to communicate to ICP - ANACOM the alterations to license data, in violation of paragraph 7 b) of article 10;

n) Use of amateur stations for purposes other than those referred in paragraphs a) and b) of paragraph 1 of article 2, in violation of paragraph 1 c) of article 12;

o) Use of amateur stations onboard aircrafts or vessels without express consent by competent authorities, in violation of paragraph 1 d) of article 12;

p) Use of codes, abbreviations or coded messages, with the purpose of rendering the meaning ambiguous or making the communication unclear or incomprehensible, as well as the issue of false call signs and false identification or alarm signals, in violation of paragraph 1 e) of article 12;

q) Interference in communications of other amateur stations or of other radiocommunications services, or the use of a frequency of the amateur service or of the amateur-satellite service so as to prevent access thereto by other amateurs, in violation of paragraph 1 f) of article 12;

r) Use of amateur stations in disagreement with the respective NAC or license for non-proprietary station, in violation of paragraph 1 g) of article 12, paragraph 1 a) of article 13 or paragraph 2 a) of article 13;

s)  Establishment of communications in violation of paragraph 1 h) of article 12;

t) Transmission of intercepted messages from or to third parties, in violation of paragraph 1 i) of article 12;

u) Retransmission of broadcasts of any other radiocommunications services in violation of paragraph 1 j) of article 12;

v) Non-compliance by amateur stations of the communication duty provided for in paragraph 2 in fine of article 12;

x) Non-compliance with limits set, in violation of paragraph 1 b) of article 13;

z) Non-compliance with conditions defined in the Radiocommunications Regulation as provided for in paragraph 1 e) of article 13;

aa) Allowing a non-qualified person to use the station, in violation of paragraph 1 g) of article 13;

bb) Failure to allow stations to be inspected, in violation of any of the duties in paragraph 1 h) of article 13, as well as failure to present the license, NAC or any other qualifying document to enforcement officers, in violation of paragraph 1 l) of article 12 and paragraph 2 b) of article 13;

cc) Allowing an amateur below 16 years of age to use a non-proprietary station without an adequate supervision by those in charge of the station, in violation of paragraph 2 a) of article 13;

dd) Failure to send to ICP - ANACOM the documents referred in paragraph 2 d) of article 13, in violation thereof;

ee) Non-compliance with conditions defined in special authorizations, in violation of paragraphs 1, 2 and 3 of article 14;

ff) Non-compliance of ICP - ANACOM's determination to suspend the use of authorized frequency bands in case of interferences, pursuant to paragraph 2 of article 17;

gg) Non-compliance with the duty to collaborate with ICP - ANACOM in the resolution of interferences, in violation of paragraph 1 f) of article 13.

2 - Breaches provided for in points b), d), h), i), j), m), v), cc) and dd) of the preceding paragraph are liable to a fine between €50 and €2,500 for natural persons and between €100 and €5,000 for legal entities.

3 - Breaches provided for in points a), c), e), f), g), l), n), o), p), q), r), s), t), u), x), z), aa), bb), ee), ff) and dd) of paragraph 1 are liable to a fine between €250 and €3,740 for natural persons and between €500 and €25,000 for legal entities.

4 - Where these acts are performed in the attempted and negligent forms, they are liable to half the respective minimum and maximum fine limits.

Article 22
Additional penalties

1 - In addition to fines set out in the preceding article, the following penalties may also be applied where justified by the seriousness of the infringement committed and fault of the infringer:

a) NAC suspension, to a total of two years, in case of breaches provided for in points b), e), p), q), s), t), u) x), bb) and ff) of paragraph  1 of the preceding article;

b) Suspension of the license for non-proprietary station, to a total of two years, in case of breaches provided for in points q), t), u), x), bb) and ff) of paragraph  1 of the preceding article;

c) Forfeit of stations, in case of breaches provided for in points a), f), g), l), n) and o) of paragraph 1 of the preceding article, where within 20 days from the date of reception of the decision notification, the sealing or, in alternative, the dismantling of stations is not applied for.

2 - Where forfeit of stations is declared, pursuant to point c) of the preceding paragraph, the respective owner must hand them over to the State, entrusting them to ICP - ANACOM, within 30 working days from the date of reception of the decision notification.

Article 23
Seizure and return of stations

1 - Stations used, or intended to be used, to commit breaches, as well as those which may be used as evidence, may be temporarily seized, partially or fully.

2 - Seized stations shall be entrusted to ICP - ANACOM or to a depositary appointed by this Authority for safekeeping, records of all evidence being laid down, and whenever possible, stations being partially or fully sealed.

3 - Seized stations shall be returned as soon as seizure ceases to be necessary for the purpose of evidence, save if the administrative authority decides to forfeit them.

4 - In any case, stations shall be returned as soon as the judgment is final, save if they are forfeited.

5 - Persons who witnessed the affixing of seals shall also be present when such seals are removed, and shall checks if seals were broken or if any alteration occurred in seized stations.

Article 24
Breach proceedings

1 - Prosecution and judgement of breach proceedings are incumbent on the Board of Directors of ICP - ANACOM, investigation of such proceedings being incumbent upon the respective services.

2 - Powers provided for in the preceding paragraph may be delegated.

3 - To breach proceedings provided for herein shall be applied, in the alternative, the breach general regime.

4 - For the purpose of imputation of liability for breaches and application of penalties provided for herein, those below 16 years of age are deemed not to be imputable.

5 - Fines shall revert at 60% to the State and at 40% to ICP - ANACOM.

6 - ICP - ANACOM is entitled to adequately publicise any sanctions applied in breach proceedings.

CHAPTER VIII
Final provisions
 

Article 25
Servicing of qualifying documents

1 - Licenses that pursuant to article 6, paragraph 3, of Decree-Law no. 5/95, of 17 January, were granted by ICP - ANACOM to amateur stations, shall remain valid until new licenses for non-proprietary stations are issued, at no cost to the respective holders.

2 - NACs for categories A, B and C provided for herein shall be granted, within one year from entry into force herein, and at no cost to the respective holders, to amateur holders of valid NACs or national amateur station licenses, issued under laws now repealed, which maintain the respective category.

3 - Licenses referred to in paragraph 1 of article 11 shall issued in the same document of the NAC, where appropriate, at no cost to the respective holders, and until this procedure is completed, CEPT licenses issued under laws now repealed shall remain valid.

Article 26
Use of electronic means

Electronic means shall be used in all procedures that involve the communication between ICP - ANACOM and holders of NACs or licenses for non-proprietary stations, as well as applications to this Authority, to be defined and publicised in each situation by ICP - ANACOM.

Article 27
Repealing provision

The following statutory instruments are hereby repealed:

a) Decree-Law no. 5/95, of 17 January;

b) Administrative Rule no. 322/95, of 17 April;

c) Administrative Rule no. 358/95, of 24 April;

d) Administrative Rule no. 394/98, of 11 July.

Article 28
Entry into force

1 - This Decree-Law takes effect 90 days after the respective date of publication.

2 - It is incumbent upon ICP - ANACOM to publicise, namely in the respective website, within 90 days from publication hereof, matters referred to in paragraph 4 of article 4, paragraph 6 of article 5, paragraph 12 of article 6, paragraph 4 of article 7, paragraph 4 of article 8, paragraph 13 of article 10, paragraph 3 of article 11, paragraph 1 b) of article 13, paragraph 1 of article 15, paragraph 5 of article 16 and paragraph 3 of article 17.

Checked and approved in the Council of Ministers of 17 December 2008. - José Sócrates Carvalho Pinto de Sousa - Emanuel Augusto dos Santos - Alberto Bernardes Costa - Mário Lino Soares Correia.

Promulgated on 18 February 2009.

Let it be published.

The President of the Republic, ANÍBAL CAVACO SILVA.

Counter-signed on 20 February 2009.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.