Presidência do Conselho de Ministros (Council of Ministers' Presidency)
Administrative Rule
Decree-law no. 56/2001 of 19 February, which approves the State incentive system for the mass media, states that the documentation to be submitted concerning the application process for the several incentives it provides is to be established.
Regarding the incentives mentioned in sections I to III of chapter III, this statutory instrument also provides that once the conditions for access are met, the respective applications shall be graduated according to criteria to be settled by means of an administrative rule issued by the member of the Government responsible for the mass media area.
It is further laid down that, in order to gain access to these incentives, an order of priorities to be considered in the application appraisal must be settled, having regard, namely, to non-profit seeking, incentives previously received, the number of workers assigned to the IT area, the development index of the municipalities involved, the respective conditions of competition and, where applicable, the periodicity of the publications.
Therefore, under the terms of article 199, paragraph c), of the Constitution and pursuant to article 4, paragraph 2 of article 37, and article 38 of Decree-law no. 56/2001 of 19 February, the Government hereby decrees, through its Secretary of State for Social Communication, the following:
1.º The applications for the incentives provided in Decree-law no. 56/2001 of 19 February may be submitted in a request addressed to the member of the Government responsible for the mass media area and delivered at the Instituto da Comunicação Social (ICS), the following particulars being required for the appraisal of the process:
a) Supporting document of the up to date tax payments, issued by the tax office of the permanent residence or the business establishment of the applicant;
b) Supporting document of the up to date social security payments;
c) Budget justifying the requested funds, except regarding indirect incentives mentioned in article 2, paragraph 1 a) of Decree-law no. 56/2001 of 19 February;
d) Additional documents supporting the fulfillment of conditions for access and grounds for the request submitted or others deemed necessary by ICS for the application review.
2.º Without prejudice to general law, the request mentioned in the preceding paragraph must also present:
a) Regarding applications by a natural person, the respective signature, the verification of which may be accomplished by submitting the ID card, a copy or other means laid down by law;
b) Regarding applications on behalf of a legal person, the signature verified in the legal capacity and authority for the act;
c) Regarding applications on behalf of factories of parishes or other religious institutions, the signature of the respective person in charge, bearing the stamp or embossed seal of the applicant.
3.º With regard to applications on behalf of the groups of organizations referred to in paragraph 1b) of article 17, paragraph 1d) of article 20 and paragraph 1c) of article 23 of Decree-law no. 56/2001 of 19 February, a copy of the document which formalizes the founding of the applicant must be further submitted.
4.º Upon review of the required documents, the applications selected for the incentives mentioned in sections I to III of chapter III of the statutory instrument referred to in the preceding paragraph shall be graduated in diminishing order, applying the following formula:
(1a + 2c + 1f + 1e) - [3d + 2 (b + g)]
it being understood that:
a) a corresponds to non-profit institutions, b to the total incentive amounts received in the past five years, c to the number of workers assigned to the IT area, d to the social development index, e to the competition factor, f to the periodicity / hours of a station's own programming and g to the incentive requested in the project;
b) in the mentioned formula, letter a is considered to have a value of 0.5;
c) letter e is considered to have a value of 0.5, with regard to a request submitted by an owner of a publication, the editorial office of which is located in a municipality where there is no other congener publication;
d) letter e is considered to have a value of 0.5, with regard to an application submitted by radio operators located in municipalities where there is more than one local radio frequency allocated, with congener programs;
e) the following table applies to letter f:
Periodicity
Up to three times a week - 2;
From twice to once a week - 1.5;
From three times to twice a month - 1;
Once a month - 0.5;
More than once a month - 0;
Hours of a station's own programming
8 hours - 9 hours - 0;
9 hours - 10 hours - 0.5;
10 hours - 14 hours -1;
14 hours - 18 hours - 1.5;
18 hours - 24 hours - 2.
5.º Upon completion of the application graduation procedure, ICS shall prepare the final lists, according to the several incentives for the different branches of the media, which shall be submitted before the member of the Government responsible for the mass media area, to be issued as a ministerial order.
6.º Regarding the incentive mentioned in article 22 of Decree-law no. 56/2001 of 19 February, applications shall require, after being graduated, the approval of the accompanying committee referred to in article 25 of the afore-said statutory instrument.
The Secretary of State for Social Communication, Alberto Arons Braga de Carvalho, on 20 February 2001.
