Presidência do Conselho de Ministros e Ministério do Equipamento, do Planeamento e da Administração do Território
(Presidency of the Council of Ministers and Ministry of Equipment, Planning and Territorial Administration)
Joint Order
Whereas the frequency map contained in Joint Order no. 7025/98, of 15 April, of the Secretary of State for Social Communication and the Secretary of State for Housing and Communication, published in the Diário da República, II Series, of 29 April 1998, mistakenly presented Viana do Castelo, instead of Viana do Alentejo as specified in the original text, as the coverage place for one of the frequencies put up for tender;
Whereas the rectification of the mistake published in the Diário da República no. 133, of 9 June 1998, did not ensure an adequate knowledge on the part of all potential interested parties;
It is hereby determined that:
1 - The public tender for the granting of permits for the exercise of the radio broadcasting activity, published through Joint Order no. 363/98 of 14 May, of the Secretary of State for Social Communication and the Secretary of State for Housing and Communication, published is the Diário da República, II Series, of 29 May 1998, shall be partly repealed regarding the frequency of Viana do Alentejo.
2 - Pursuant to article 7, paragraph 2, of Decree-Law no. 130/97 of 27 May, it is hereby opened a new invitation to tender, being published, in annex, the Public Tender Regulation for the granting of the permit for the exercise of the radio broadcasting activity for the broadcaster of Viana do Castelo, operating on frequency 95.5 MHz and with a radiation intensity of 27.0 dBW.
3 - Applications for the tender mentioned in paragraph 1 of this statutory instrument are accepted for the present tender, pursuant to this order.
4 - Joint Order no. 910/98 of 3 November, of the Secretary of State for Social Communication and the Secretary of State for Housing and Communication, published in the Diário da República, II Series, of 30 December 1998 is hereby repealed.
5 - The present order shall take effect on the day of its publication.
11 January 1999. The Secretary of State for Social Communication, Alberto Arons Braga de Carvalho. - The Secretary of State for Housing and Communication, Leonor Coutinho Pereira dos Santos.
ANNEX
Public Tender Regulation for the granting of the permit for the
exercise of the radio broadcasting activity
Article 1
Subject matter
This regulation regards the tender for the granting of the permit for the exercise of the radio broadcasting activity in metric waves (with frequency modulation), for local radio coverage, of general contents, for the broadcaster of Viana do Alentejo, operating on frequency 95.5 MHz and with a radiation intensity of 27.0 dBW.
Article 2
Applicable law
1 - The public tender is subject to the provisions of Decree-Law no. 130/97 of 27 May and to this Regulation.
2 - The licensed operator shall comply with the legal provisions of Law no. 87/88 of 30 July, with the text presented by Law no. 2/97 of 18 January, with Decree-Law no. 130/97 of 27 May and with this Regulation, as well as with other provisions applicable to the sector.
Article 3
Competitors
To this tender may apply all entities constituted in the form of a legal person and who are not debarred from the exercise of radio broadcasting activity, pursuant to article 3 of Law no. 87/88, of 30 July, with the text presented by Law no. 2/97, of 18 January.
Article 4
Time limit
The period for the submission of tenders begins on 8 February and ends on 5 March 1999.
Article 5
Demands for clarification
1 - Competitors may request, up to 24 February 1999, clarifications of any doubts this Regulation may give rise to and which regard the subject matter of the tender.
2 - The requests for clarifications shall be addressed to the president of the Institute for Social Communication (Instituto para a Comunicação Social), in writing, by delivery to the addressee against a receipt or by dispatch by registered post, with a form for acknowledgment of receipt.
3 - The Institute for Social Communication shall provide clarifications by dispatch by registered post, with a form for acknowledgment of receipt, delivered up to three working days upon reception of the requests mentioned in the preceding paragraph.
4 - The post delivery delay of a demand for clarification or of the reply thereof shall not be invoked by the competitor who requested it.
Article 6
Presentation of applications
1 - The application for permits shall be formalized through a written request, addressed to the member of the Government responsible for the media area.
2 - Applications shall be written in Portuguese, with no erasures, corrections, blank lines or crossed out words, using always the same typeface, and shall be included, together with the documents referred to in article 7 of this Regulation, in a sealed, closed and opaque envelope.
3 - Applications shall be delivered at the Institute for Social Communication, against a receipt, between 10 a.m. and 5 p.m..
4 - If the application is sent by dispatch by registered post, with a form for acknowledgment of receipt, the relevant date shall be that on which the tender is posted, as evidenced by the postmark.
Article 7
Documentary requirements
1 - The following documents shall be presented, together with the respective application:
a) Certified photocopy of the partnership agreement or of the bylaws, as well as of the national card of legal persons;
b) Declaration certifying that neither the applying entity nor its partners, acting individually, hold shares in more than four radio broadcasting operators;
c) Declaration concerning the number of permits that they hold;
d) Identification of the municipality applied for, according to the frequency map mentioned in article 1 of this Regulation;
e) Detailed description of the activity they plan to pursue, including the respective editorial bylaw, broadcasting timetable and programming general guidelines;
f) Evidence of the economic and financial viability of the project;
g) Technical plant describing the facilities, including studios, aerials, equipment and accessories used;
h) Technical features of all equipment used;
i) Exact location of studios and broadcasting center (geographical coordinates) and form of broadcast signal transport between studios and broadcasting center;
j) Study of the radioelectric coverage of the desired broadcaster, making use, for this purpose, of the propagation model provided in Recommendation ITU-R P.370-7;
l) Equivalent heights of the broadcasting aerial, based on radial profiles of the site, spaced apart at 30º at the most from each other, mentioning the kind of topographical plan or the resolution of the digital model of the site which were used to support the respective calculations;
m) Identification of the technical expert responsible for the studies and technical plants;
n) any other elements applicants deem relevant for the examination of their applications, namely the ones concerning the selection criteria provided in paragraph 2 of article 10 of this Regulation;
o) Document certifying the payment of a 50 000$ tax at the Institute for Social Communication, as provided in Administrative Rule no. 931/97, of 12 September.
2 - Where applicants do not hold yet a national card of legal persons, they shall present the legal person¿s provisional number provided by the competent services, without prejudice to the enclosure of the certified photocopy of the partnership agreement or of the bylaws.
Article 8
Public opening of the tender
The public opening of the tender shall take place at the premises of the Institute for Social Communication, at 11 a.m., on 10 March 1999.
Article 9
Unaccepted applications
1 - The following applications shall not be accepted:
a) applications submitted outside the time limit;
b) applications submitted by entities not entitled to apply, pursuant to article 3 of this Regulation;
c) applications which do not meet the documentary requirements provided in article 7 of this Regulation.
2 - Unacceptance of applications shall be determined by order of the Government member responsible for the media area, on a proposal from the Institute for Social Communication.
3 - Accepted applications shall be transmitted to the High Authority for Social Communication (Alta Autoridade para a Comunicação Social), upon a reasoned opinion of the Institute of Communications of Portugal (Instituto das Comunicações de Portugal) regarding the respective relative technical level.
Article 10
Examination of applications
The examination of applications shall be based, by priority and sequential account, in the following selection criteria:
a) the quality of the operation project, measured by a global consideration of the programming contents, its correspondence to the social and cultural reality it is intended for, the editorial bylaws, its technical level, as well as a higher economic and financial viability, regarding the required infrastructure, equipment and human resources;
b) non-entitlement of another permit for the exercise of other radio broadcasting activity;
c) to have a head-office in the geographical area where the radio broadcasting activity is to be exercised;
d) the fact that the application is submitted by the owner of a regular informative publication of a regional expansion, established for three years at the least, and that the frequency comprises the coverage area of the head-office of the applicant.
Article 11
Provision of clarifications by applicants
On request from High Authority for Social Communication, applicants shall provide all clarifications deemed necessary for the examination of their applications.
Article 12
Assignment of frequencies and respective radiation intensity
The final assignment of the frequency and the determination of the respective radiation intensity shall be accomplished by the Institute of Communications of Portugal, having regard to the technical features of the broadcaster, the location of the respective aerial and other use constraints of the radioelectric spectrum.
Article 13
Permit granting
Permits shall be granted upon deliberation of the High Authority for Social Communication and published in the Diário da República.
