Ministério do Equipamento, do Planeamento e Administração do Território (Ministry for Equipment, Planning and Territorial Administration)
Decree-Law
(This is not an official translation of the law)
Decree-Law no. 305/94, of December 19, established the regime for the installation and operation of the Radio Data System (RDS) for radio broadcasting operators.
Significant modifications were made to the radio broadcasting legal regime in Portugal, with the recent publication of Law no. 2/97, of January 18 and Decree-Law no. 130/97, of May 27.
It was necessary to make these alterations to the regime for the installation and operation of the RDS system by radio broadcasting operators, thus determining the suitability of its legal regime.
On a parallel level, reference should also be made to the need to clarify and explain any doubts in respect of the limits and conditions of use of this system, particularly in respect of the range of permitted applications.
Pursuant to this context, special reference should be made to the acknowledgement of the possibility of the provision of a radio messaging system, on the basis of the RDS system, without involving the use of additional frequencies.
Accordingly:
Pursuant to the terms of sub paragraph a) of no. 1 of article 198 of the Constitution, the Government hereby decrees the following:
Article 1
Object
1. The object of this legislation is to establish the regime for the installation and operation of the RDS (Radio Data System) System by radio broadcasters.
2. The use of the RDS system may be authorised on the FM frequency band (87.5 MHz - 108.0 MHz), for both stereo and mono broadcasts.
Article 2
Definitions
The following definitions have been provided for the purpose of the contents of this legislation:
a) RDS - the system which permits non audible digital information to be added to the FM broadcasts of radio broadcasters:
b) Identification code of programme channel (PI) - the code which permits the receiver to identify each station or broadcasting network;
c) Name of programme channel (PS) - the set of alphanumeric characters displayed on RDS receivers providing listeners with information on the station or broadcasting network selected;
d) Radiotext (RT) - the transmission of non addressed coded text of a fixed length and format, intended only to be received by fixed receivers equipped with an appropriate display;
e) Radiomessaging (RP) - the establishing of low speed non vocal addressed and uni-directional communications to suitable non fixed terminal equipment, via the RDS system.
Article 3
Authorisation to operate the RDS system
1. The operation of the RDS system requires authorisation, which may only be given to radio broadcasters.
2. Authorisation to operate the RDS system is the competence of the Portuguese Communications Institute (ICP), except when involving the use of Radiotext (RT), in which case the authorisation is the joint responsibility of ICP and the Media Institute (ICS).
3. The provision of public addressed telecommunications services is governed by the contents of Decree Law no. 381-A/97, of 30th December, and may be directly exploited by the radio broadcaster or third parties, pursuant to the terms of the said legislation.
Article 4
Attributing of name of programme channel
1. The name of the programme channel is attributed by ICS, upon application by the broadcasting operator.
2. The name of the programme channel shall correspond to the denomination of the radio referred to in sub paragraph c) of no. 1 of article 14 of Decree Law no. 130/97 of 27th May in order to guarantee the clear and unmistakable identification of the station or broadcasting network.
3. The indication of the name of the programme channel should be provided through the use of a fixed, non sequential message, which may only contain information on the tuning of the station or broadcasting network and the respective identification thereof.
Article 5
Attributing of identification codes of programme channel
1. The identification code of the programme channel shall be attributed by ICP.
2. A programme channel identification code is provided for each radio coverage, without prejudice to the contents of the following article.
Article 6
Association of radios
1. Operators authorised to operate the RDS system, when forming associations among each other for the simultaneous broadcasting of the respective programming, when legally admitted, should indicate the name of the programme channel, or, if non existent, the source station of the broadcast.
2. The contents of the preceding number do not apply to news services or merely occasional simultaneous transmission.
3. For the purposes of the contents of no. 1, operators should apply to ICP requesting the issue of a channel identification code for additional programmes, to be used during broadcasts by all of the operators associated with the simultaneous programme broadcasting.
4. Broadcasting operators authorised to use retransmitting stations pursuant to the terms of no. 1 of article 25 of Decree Law no. 130/97 of 27th May are excluded from the conditions of the preceding number.
Article 7
Limits on use of system
1. The use of the RDS system should be kept within the limits and conditions defined in the licence and may, in no case, endanger road transport.
2. The use of the RDS system for the transmission of messages which are offensive to human dignity or contrary to the law is forbidden.
Article 8
Charges
1. The attributing of the name of the programme channel, the authorisations granted pursuant to the terms of this legislation, and the respective alterations, are subject to the payment of charges, which shall be fixed in a joint ruling to be issued by the members of Government responsible for the communications and media areas.
2. The charges referred to in the preceding number shall constitute ICP revenue, except for the charge payable for the attributing of the name of the programme channel, which shall constitute ICS revenue.
Article 9
Inspection
Inspection of compliance with the norms of this legislation is the responsibility of ICP and ICS is responsible for inspecting the contents of the messages broadcast in Radiotext.
Article 10
Punishable offences and fines
1. Without prejudice to other applicable sanctions, the following are punishable offences:
a) The use of the RDS system without the authorisation referred to in no. 1 of article 3.;
b) Any indication of the name of the programme channel which is not in accordance with no. 3 of article 4.;
c) The non existence of the indication of the name of the programme channel, required by no. 1 of article 6.;
d) The use of the RDS system in breach of nos. 1 and 2 of article 7.
2. The offences referred to in sub paragraphs b) and c) are punishable by fines of between PTE 200 000 and PTE 1 000 000.
3. The offences referred to in sub paragraphs a) and d) are punishable by fines of between PTE 500 000 and PTE 5 000 000.
4. The suspension of authorisation for the operation of the RDS system for a maximum period of two years may be applied as an accessory sanction to the offences referred to in this legislation.
5. Both intent and negligence are punishable offences.
Article 11
Competence
1. Except for the contents of the following number, the application of the fines referred to in this legislation shall be the competence of the Board of Directors of ICP, which Institute shall be responsible for preparing the respective case files.
2. The application of the fine for any breach of the contents of no. 2 of article 7. is the responsibility of ICS which shall be responsible for preparing the respective case files.
3. 60% of the amount of the fines shall revert to the State and 40% to ICP, except for the situation referred to in the preceding number in which 40% of the fine shall revert to the ICS.
Article 12
Regulatory legislation
It is the responsibility of the members of Government responsible for the communications and media areas to issue a joint ruling defining the following:
a) The technical specification of the RDS system;
b) The applications of the RDS system and respective conditions;
c) The procedures to be complied with for obtaining the authorisation referred to in article 4.
Article 13
Transitional disposition
Operators already authorised to operate the RDS system are, at any time, allowed to take up the rights referred to in this legislation, by means of an alteration to the respective authorisation.
Article 14
Repeal
1. Decree Law no. 305/94, of 19th is hereby repealed.
2. Ministerial Orders nos. 278/95 of 7th April and 295/95 of 10th April shall remain in force up until the time of publication of the Ministerial Order referred to in article 12 and the ruling referred to in article 8, respectively.
Seen and approved by the Council of Ministers on July 2, 1998. - António Manuel de Oliveira Guterres - António Luciano Pacheco de Sousa Franco - Jorge Paulo Sacadura Almeida Coelho - João Cardona Gomes Cravinho.
Promulgated on August 18, 1998.
Publication authorised.
President of the Republic, JORGE SAMPAIO.
Countersigned on 20 August, 1998.
On behalf of the Prime Minister, Jaime José Matos da Gama, Minister of Foreign Affairs.
